fit-  VXy 


A  N 


ACCOUNT 


OF  THE 


STATE  PRISON 


O  R 


Penitentiary  House, 


IN    T  H  K 


CITY  OF  NEW-YORK. 


BY  ONE  OF  THE  INSPECTORS  OF  THE  PRISON. 


"  A  punilhment  to  be  juft,  (hould  have  only  that  degree  of  feverity 
which  is  faSicient  to  deter  oth:rs : — Perpetual  labour  will  have  thij 
effect  more  than  the  punilhinsnt  of  death-"  Bsccakia. 


A- £  W  -  YORK'. 

PRINITU    BY    TSAAC    COLtlNS    AMD  SON- 
ISO!, 


 "  LIBERTY  is  in  its  higheft  perfeftion, 

when  criminal  laws  derive  each  punifliment  from  t'he 
particular  nature  of  the  crime.  The  knowledge  ac- 
quired in  fome  countries,  or  that  may  hereafter  be  obtained 
in  others,  in  regard  to  the  fureft  rules  that  can  be 
obferved  in  criminal  judgments,  is  more  interefting  to 
mankind  than  any  other  thing  in  the  univerfc.  Liberty- 
can  only  be  founded  on  the  practice  of  this  knowledge." 


"  The  Chriftian  Religion,  which  ordains  that  men 
fhould  love  each  other,  would  without  doubt  have  every 
nation  bleft  with  the  beft  civil  and  political  laws ;  be- 
caufe  thefe  are,  next  to  this  religion,  the  greateft  good 
that  men  can  give  and  receive." 


"  In  moderate  governments,  a  good  legiOator  is  lefs 
bent  upon  punifhing  than  preventing  crimes  :  he  is  more 
attentive  to  infpire  good  morals,  than  to  inflift  punifii-' 
ments." 

Montesquieu. 


t 


INTRODUCTION. 


AT  branch  of  jurifprudence  which  treats 
of  crimes  and  their  punifhment,  is  the  mofl;  inte- 
refting  and  momentous  in  the  whole  code  ot  laws. 
The  peace,  fecurity  and  happinefs  of  fociety  de- 
pend on  the  wifdom  and  juflice  of  the  means  de- 
vifed  for  the  prevention  of  crimes.  In  no  nation 
have  legiflators  bellowed  that  profound  attention 
on  this  fubjeft  which  its  importance  demands. 

While  civilization  and  refinement  were  chang- 
ing the  condition  and  manners  of  focial  life,  the 
criminal  codes  of  the  nations  of  Europe  retained  a 
vindi&ive  and  fanguinary  fpirit,  the  growth  of  a 
rude  and  barbarous  age.  Benevolent  and  virtuous 
men  faw  and  deplored  the  evils  produced  and  per- 
petuated by  unequal  and  cruel  punilhments ;  but 
the  mild  voice  of  reafon  and  humanity  reached 
not  the  thrones  of  princes  or  the  halls  of  legifla- 
tors. While  the  State  was  aggrandized  by  con- 
queft,  enriched  by  commerce,  or  ornamented  by 
the  productions  of  art,  they  thought  not  of  the  un- 
happy beings  who  fuflFered  under  the  numerous 
oppreffions  of  tyrannical  laws. — While  every  ob- 
ject which  encompaffed  them  wore  the  afpefl:  of 
fplendourand  felicity,  their  daaikd  .eye^  Were  not 


(  6  ) 


turned  to  thofe  gloomy  abodes  where  the  viftims 
of  injuftice  languifhed  in  mifery  and  defpair. 

The  art  of  printing,  by  which  one  man,  how- 
ever private  and  obfcure,  is  enabled  to  make  him- 
felf  heard  by  a  whole  people,  prepared  the  way 
for  reformation.  MONTESQUIEU  expofed  the 
errors  of  Icgiflators,  and  unfolded  founder  princi- 
ples of  jurifprudence.  The  eloquent  BECCARIA 
roufed  the  attention  of  civilized  Europe,  and,  by 
his  unanfwerable  appeal  to  reafon  and  humanity, 
produced  thofe  fucceflive  efforts  to  meliorate  the 
fyflems  of  penal  laws,  which  conftitute  the  greateft 
glory  of  the  prefent  Age.  H  O  W  A  R  D,*  the  aftive 
and  indefatigable  friend  of  man,  by  exploring  the 
prifons  and  dungeons  of  Europe,  and,  from  their 
dark  and  unvifited  receffcs,  bringing  to  light  the 
enormous  abufes  and  dreadful  miferies  produced 

*  The  eulogium  pronounced  on  this  benevolent  charaftcr  by  the  moft 
eloquent  man  of  any  age,  caiuiot  be  too  often  quoted.  "  1  cannot,"  fays 
BURKE,  "  nanie  this  gentleman  (Howard)  without  remarking,  that  his 
"  labours  and  writings  have  done  much  to  open  the  eyes  and  hearts  of 
"  iii^'-ikind.  He  has  vilitcd  all  Europe,--not  to  furvey  tlie  fumptuou£he£> 
"  of  palaces,  or  the  ftateUnefs  of  temples;  not  to  make  accuratj;  meafure- 
"  mcnts  of  the  remains  of  ancient  grandeur,  nor  to  form  a Tcale  of  the  cu- 
"  riofity  of  modern  art ;  not  to  colled  medals,  or  collate  snaiiulcripts 
"  but  to  dive  into  the  depths  of  dungeons  ;  to  plunge  into  the  infection  of 
"  hofpitals ;  to  furvey  the  manfioiis  of  forrow  and  pain ;  to  talce  the  guage 
"  and  dimcnfions  of  truiery,  deprcfllon,  and  contempt ;  to  remember  the 
"  forgotten,  to  attend  to  the  negledled,  to  vifit  the  forfakcn,  and  to  com- 
"  pare  and  collate  the  diftreffcs  of  all  men  in  all  countries.  His  plan  is  oii- 
"  gina!,  and  it  is  as  full  of  genius  as  it  is  of  humanity.  It  was  a  voyage  of 
"  difcovery,  a  circumnavigation  ol'  clisrity.  Already  the  benefit  of  his 
"  bour  13  ftlt  more  or  kfs  ii>  ewiry  v.cui-.try,  ar.dlJ".opc  h(;  wi'I  anticipate  his 
"  final  reward  by  feting  all  its  tnecis  fully  realized  in  his  cy/n.  He  will 
"  receive,  not  hy  retail  but  in  grofe,  the  reward  of  thofa^bo  vifit  the  pri- 
"  foiier,  and  he  has  fo  forcftalled  aad  monopollica  this  branch  of  rharity, 
"  th;i;  ihrre  will  be  I  tri,!!  liitlc  roopi  to  m;rit  by  facl-.  acTs  of  bcnr.-olcnte 


(    7  ) 


by  cruel  laws  and  their  corrupt  adminiftration, 
more  powerfully  awakened  the  feelings  of  humani- 
ty and  juftice,  by  which  the  legiflator  is  enabled 
to  complete  the  great  work  of  correUion. 

But  wliile  the  names  of  Montesquieu,  Beg- 
gar i  a  and  Howard,  are  repeated  with  gratitude 
and  admiration,  the  legiflators  and  philanthropifts 
of  our  own  country  deferve  not  to  be  forgotten. 
The  Hiftory  of  Pennfylvania  prefents  to  our  view 
a  man  who  claims  the  praife  of  being  the  firf^  to 
frame  and  propofe  a  criminal  code  from  which  the 
punifliment  of  death  \vas  excluded,  except  in  the 
fingle  cafe  of  premeditated  murder,  and  by  which 
each  crime  received  a  punifliment  equitably  pro- 
portioned to  the  degree  of  its  enormity. 

In  England,  where  fecret  accufations,  fecret  and 
mock  trials,  torture,  and  all  the  cruel  contrivances 
of  fuperllition  and  defpotifm  to  confound  and  de- 
ftroy  alike  the  innocent  and  the  guilty,  were  un- 
known ;  where  the  excellent  inftitution  of  a  trial 
by  jury,  and  humane  and  wife  forms  of  legal  pro- 
ceedings were  eflablifhed  for  the  protection  of  the 
accufed  ;  where  liberty  was  defended  by^  law,  and 
cherifh,ed  by  the  fpirit  and  manners  of  the  people  ; 
ieve|i  in!. that  enlightened  country  there  exitled  a 
fcale  of  pilnifhmcnts  as  fanguinary  and  unjuft  as 
any  in  Europ?'.  The  criminal  delivered  to  impri- 
fonment  w?s  often  forgotten  by  the  laws,  and  fuf- 
fi  red  an  aggravation  of -his  chaftifcment  in  the 
loathfome  horrors  of  his  prifon,  and  the  extortions 
and  oppreffion  of  his  keepers.  No  adequate  dif- 
tinCHon  wiis  itiade',  in  the  diftributton  of  punifli- 


(    8  ) 


mcnts,  between  a  poacher  and  a  panicide,  between 
him  who  filched  a  loaf  to  fatisfy  the  cravings  of 
hunger,  and  him  who  firft  robbed  and  then  mur- 
dered his  benefa£lor.*  The  colonies  of  England 
adopted  in  general  the  civil  and  criminal  laws  of 
the  parent  ftate.  In  fome,  the  fpirit  of  freedom 
which  animated  the  firft  adventurers,  fugitives  from 
civil  and  religious  tyranny,  produced  changes,  and 
the  gradual  formation  of  a  milder  and  more  equi- 
table fyftem  of  penal  laws. 

WILLIAM  PENN,t  aauated  by  the  pure 
principles  of  a  Chriflian  and  a  philofopher,  lift- 
ening  to  the  fimple  fuggeflions  of  humanity  and 
juftice,  conftru6led  the  equitable  code  juft  men- 
tioned, which  he  boldly  enafted  and  tranfmitted  to 
England  to  receive  the  royal  affcnt,  although  the 
charter  for  the  eftablifliment  of  his  colony  exprcfs- 
ly  enjoined  the  introda£l;ion  of  the  Englifli  laws. 
Alfent  to  the  new  fyilem  was  refufed  by  the  king, 
yet  it  was  continued  in  force  by  the  colonial  legif- 
lature  for  thirty-five  years.  Difputes  took  place 
between  the  crown  and  the  governor  of  Pcnnfyl- 
viania,  concerning  the  ordinance  requiring  the  offi- 
cers of  the  government  to  lake  an  oath:  inftead  of  an 
affirmation.  This  conteft,  xvhich  kefxt  the  colony 
in  a  ferment  for  many  years,  was  at ^khgt^  ierrni-' 
....  .       •  J. . 

V  Blaci^cocc's  Commcntsrrea^'Vo).  IV.  /tf^CT,  and.pag?  iS. 
"  melancholy  truth,  that  ainfli^p.tbe. variety  of  z&ioM  ^'hich  men  -re  i.  .i.y 
"  liable  to  tommit,  no  Icfs  than  •»«•  hmJnd  and Jixty  have  been  cleclar^i^  \>f 
"  ;i<;t  of  parliament,  to  be  iErlorif  ■wkhout  bensfit  of  clergy ;  or,  jo' oilier' 
■■  V,  ortis,  to  be  tvoriby  if  infiavf  dctilu."  Tht:  number  of  capital  'puniihim'm* 
hag  been  counderably.  aiigtiienCed  fin>o  t'u-  publlLui:  ]■  r 
tlrlcs.- "         '  ',  .• 


(    9  ) 

nated  by  the  legiflatare,  who  confented  to  ex- 
change their  favourite  plan  of  penal  laws  for  that  of 
the  mother  country.  In  return  for  this  conceffion, 
the  crown  yielded  the  right  of  affirmation  to  fucli 
as  confcientioufly  refufed  to  take  an  oath. 

Though  reftraincd  for  a  time,  the  .fpirit  of  reform 
revived  with  the  revolution ;  and,  Urengthened  by 
the  difcuffions  of  the  general  principles  of  freedom, 
and  the  writings  of  Beccaria  and  others,  at 
length  produced  that  fyftem  of  puniftiment  for 
crimes,  which  refle6ls  fo  much  honour  on  that 
Stale.  The  new  penal  laws  of  Pennfylvania,  its 
prifons  and  penitentiary  houfe,  their  progrefs,  in- 
ternal economy,  and  management,  have  been  al- 
ready made  known  by  feveral  publications. 

When  New- York  became  an  Englifh  colony, 
the  laws  and  inRitutions  of  England  were  intro- 
duced and  continued  in  their  full  extent  and  ri- 
gour. This  favourite  child  of  the  crown  reflefled 
more  ftrongly  than  any  other  the  image  of  its  pa- 
rent. Even  after  the  revolution,  when  the  fpirit 
of  liberty  led  to  inquiries  favourable  to  principles 
of  moderation  and  juftfcq,  the  criminal  code  of 
this  State  was  diftinguifh^ed  for  its  feverity.  It  was 
not  to  be  expefted,  that  a  people  enamoured  of 
fifeedom.  and  a  republic,  fhould  long  acquiefce  in 
a  fyftem  of  laws,  many  of  them  the  produQ:  of  bar- 
barojus  ufages,  corrupt,  fociety,  and  monarchical 
principles,  and  imperfeQIy  adapted  to  a  new 
country,  fonple  manners,  and  a  popular  form  of 
government. 

R 


(     10  ) 


Before  giving  an  account  of  the  changes  that 
have  been  made  in  that  fyftem,  it  will  be  proper 
to  exhibit,  briefly,  the  feveral  punifhnients  as  they 
exifled  antecedent  to  the  year  1796.  By  a  law, 
which  bears  date  February  1788,  the  following 
crimes  are  declared  puniftiable  with  death:  1. 
Treafon;  2.  Mifprifion  of  treafon ;  3.  Murder; 
4.  Rape;  5.  Sodomy;  6.  Burglary;  7.  Feloniouf- 
ly  taking  goods  and  chattels  out  of  any  church  or 
place  of  public  worfhip ;  8.  Felonioufly  breaking 
any  houfe,  by  day  or  by  night,  any  perfon  being 
in  the  houfe,  and  thereby  put  in  fear;  9.  Robbing 
any  perfon  in  the  dwelling-houfe  or  place  of  fuch 
perfon,  the  owner,  dweller,  his  wife,  children,  or 
fervants  being  in  the  fame,  or  within  the  precinfts 
thereof,  fleeping  or  waking;  10.  Robbing  any  per- 
fon ;  11.  Felonioufly  taking  away  goods  or  chat- 
tels from  a  dwelling-houfe,  the  owner  or  any  other 
perfon  being  therein,  and  put  in  fear;  12.  Rob- 
bing any  dwelling-houfe  in  the  day-time,  any  per- 
fon being  therein  ;  13.  Robbing  any  perfon  or  per- 
fons  in  or  about  the  highway;  14.  Arfon,  or  the 
wilful  burning  any  houfe  or  barn;  15.  Malicious 
maiming  and  wounding  another;  16.  Forgery,  or 
counterfeiting  any  record,  charter,  deed,  writing, 
fealed  will,  teftament,  bond,  bill  of  exchange,  pro- 
milTory  note  for  the  payment  of  money,  indorfc- 
ment  or  affignment  thereof,  acquittance  or  receipt 
for  money  or  goods,  any  bill  of  credit  or  public 
fecUrities  iffued  by  tongrefs  or  any  of  the  United 
States,  or  any  gold  or  filver  coin  current  in  the 
State. — The  conviction  of  all  which  felonies  was 
accompanied  with  a  forfeiture  of  the  goods  and 
chattels,  lands,  tenements,  and  hereditaments  of 


C  11  ) 


the  felon.  AH  other  felonies  were  for  the  Jirjl  of- 
fence punifhable  by  fine,  imprifonment,  or  corpo- 
ral punifhment,  or  all  or  either  of  them  at  the  dif- 
cretion  of  the  court.  For  the  fecond  offence  the 
offender  was  to  fuffer  death.  Thefe  felonies  con- 
fifted  of  various  thefts  not  of  the  preceding  defcrip- 
tion,  amounting  to  Grand  Larceny,  that  is,  above 
the  fum  of  five  pounds ;  Stealing  any  record,  pro- 
cefs,  &c.  out  of  the  office  of  the  Secretary  of  State, 
or  of  any  of  the  Courts  of  Record ;  Levying  a  fine, 
fuffering  a  recovery,  or  acknowledging  any  deed, 
recognizance,  bail  or  judgment,  in  the  name  of 
another  not  privy  or  confenting  thereto ;  Embez- 
zlefnent  of  his  mailer's  goods  by  a  fervant  or  ap- 
prentice above  eighteen  years  old  to  the  amount 
of  twenty  fhillings ;  Forcible  abduftion,  marrying, 
or  defiling  a  woman ;  Carnal  knowledge  or  abufe 
of  any  child  under  ten  years  of  age,  &;c. 

In  1794,  one  of  our  citizens  who  was  well  ac- 
quainted vvith  the  plan  and  economy  of  the  new 
penitentiary  houfe  in  Philadelphia,  convinced  of 
the  beneficent  effefts  of  a  fyftem  which,  fixing  a 
juft  proportion  between  crimes  and  punifhments, 
afforded  room  for  the  exercife  of  benevolence  in 
the  work  of  reformation,  became  felicitous  to  ex- 
tend the  benefits  of  fuch  a  fcheme.  He  procured  a 
number  of  copies  of  a  report  on  the  criminal  code  of 
Pennfylvania,*  with  an  account  of  the  penitentiary 
there,  and  tranfmitted  them  to  two  of  the  members 
of  the  legjflature  of  New- York,  then  fitting  in  Al- 
banyj  with  a  requeft  that  they  might  be  diftributed 

'  By  WiHiam  Bradford,  Eiij,  piw.tjf  'thc  Jadgcs  of  the  Supreme  Coun 


(      12  } 


among  the  members,  who,  on  their  return  home  la 
their  refpe£live  counties,  might  communicate  them 
to  the  people,  whofe  attention  would  thus  be  call- 
ed to  a  fimilar  reformation  in  their  own  laws.  The 
fame  citizen,  in  1795,  made  feveral  vifits  to  the 
prifons  in  Philadelphia,  for  the  purpofe  of  obtain- 
ing complete  and  fatisfaftory  information  of  the 
operation  and  efFefts  of  the  new  fyftem  of  punifh- 
ment  eflablifhed,  in  which  he  received  ample  af- 
fiftance  from  his  worthy  and  intelligent  friend 
CALEB  LOWNES. 

The  refult  of  thefe  inquiries  was  communicated 
by  him  to  General  SCHUYLER,  a  diRinguiflied 
member  of  the  Senate  of  this  State.  This  public- 
fpirited  fenator,  perceiving  the  great  importance 
of  the  fubjecl,  and  the  wifdom  of  an  experiment 
fo  loudly  demanded  by  humanity,  vifited,  in  com- 
pany with  the  fame  perfon,  the  Philadelphia  peni- 
tentiary, and  witncfl'ed,  with  furprife  and  fatisfac- 
tion,  the  fpirit  of  wifdom  and  benevolence  which 
prefided  in  that  inflitution ;  the  cleanlincfs,  decen- 
cy, order,  and  tranquil  induftry  which  prevailed 
in  every  part.  With  minds  deeply  impreffed  with 
what  they  had  feen  and  heard,  they  returned  to  the 
city  of  New- York,  where  the  legiflature  were  then 
convened.  A  few  citizens,  afluated  by  the  fame 
fentiments  were  confulted,  and  a  plan  of  reform, 
in  a  bill  "  fqr  making  alterations  in  th'e  criminal 
jaws  of  the  State,  and  the  erefting  of  rtale-prifons," 
was  prepared  by  General  Schuyler,  and  in  four 
days  after  his  return,  was  prefentcd  to  the  Senate. 
The  bill  was  introduced  by  an  able  and.  animated 
fpeech  of  the  mover  j  and  after  being  powerfully 


(    13  ) 

fupported  by  feveral  members,*  was  carried,  with 
only  one  diflenting  voice;  and  in  the  houfe  of 
affembly  with  but  nine  oppofing  votes.  This 
bill,  after  pafling  the  ufual  forms,  became  a  law 
on  the  26th  March,  lygG.f 

By  this  law,  which  has  received  feveral  amend- 
ments fince  it  was  enafted,  all  thofe  crimes, 
(excepting  treafon  and  murder,  which  continue 
capital)  that'were  before  punifhed  with  death,  are 
now  punifhable  with  imprifonment  for  life  in  the 
State- Prifon  ;  and,  if  the  Court  think  fit,  the  cri- 
minal may  be  fentenced  alfo  to  hard  labour  or 
folitary  confinement,  or  both.  All  offences  above 
the  degree  of  petty  larceny,  and  not  included  in  the 
above  defcription,  or  otherwife  punifhed,  and  fleal- 
ing  from  a  church,  (before  a  capital  offence)  are 
made  punifhable  for  the  Jirjl  offence  with  impri- 
fonment in  the  State- Prifon  to  hard  labour  or  foli- 
tude,  all  or  either  of  them,  at  the  difcretion  of  the 
Court,  for  a  term  not  exceeding  fourteen  years. 
For  the  fe<:ond  offence  the  puniihmcnt  is  increafed 
to  imprifonment  for  life,  hard  labour  or  folitude, 
or  both.  Petty  larcenies,  buying  and  receiving 
ftolen  goods.  Sec,  obtaining  money,  goods,  &c. 
by  fraud  undier  falfe  pretences,  for  the  Jiijl  offence 

*  AiatmgtbieSe,  AMBKOSKSrEKCERiETq.  particularly  diftlnguilhed  h!m- 
felf  as  a,ia<^ iealoxa  frieod  to  the  propoled  reform. 

By  this  law,  two  fcte-prifons  were  direfted  to  be  built ;  one  at  New- 
V'  rk,  acd  the  ether  at  Albany.  The  plan  of  a  prifoii  at  Albany  wa?  after- 
wards rdinquiihcd,  and  the  whole  t>{  the  money  appropriated  for  both  pri- 
foil!,  was  direSed  to  be  applied  to  the  one  in  the  city  of  New- York.  J03  jj 
Watts, Matthew  Clarkson,  Thomas  Eddy,  John  Murray,  iun. 
3iid  Isaac  STcvTE>;srRcn,  ^'^ere  appointed  ComiuiiTloners  for  buildiug 


(    H  ) 

are  fubje£led  to  imprifonment,  hard  labour,  or  fo- 
litude,  or  both,  or^mprifonment  only,  as  the  Court 
may  direft,  for  a  term  not  exceeding  one  year; 
perfons  guilty  of  a  Jecond  offence  have  their  pu- 
nifhment  augmented  for  a  time  not  exceeding 
three  years. 

Perfons  fentenced  to  imprifonment  for  any  time 
lefs  than  twelve  months,  are  confined  in  the  coun- 
ty gaols,  and  cannot  be  fent  to  the  State- Prifon. 

Corporal  puniftiment  is  wholly  abolifhed ;  and 
no  conviftion  or  attainder  for  any  crime,  except 
treafon,  can  work  any  forfeiture  of  goods,  chattels, 
lands,  tenements,  or  hereditaments,  or  any  right 
therein ;  and  all  forfeitures  in  nature  of  deodands, 
and  in  cafes  of  fuicide,  or  flight  from  juilice,  are 
done  away. 

To  prevent  efcapes,  by  a  law  in  alteration  of  the 
firft  law,  perfons  fentenced  for  life,  who  break  out 
and  efcape  from  the  prifon,  and  commit  any  felony 
above  the  degree  of  petit  laiceny,  are  punifhable 
with  death,  Convi£ls  fentenced  to  imprifonment 
for  a  term  of  years,  who  break  out  of  prifon,  and 
are  afterwards  retaken,  are  to  undergo  imprifon- 
ment for  a  period  double  the  time  fpecified  in  the 
original  judgment,  to  commenee  from  the  time  of 
the  laft  conviflion,  though  at  the  time  of  being  re- 
taken, the  original  term  had  expired  j  and  as  often 
as  any  perfon,  not  adjudged  to  imprifonment  for 
life,  lhall  efcape  from  prifon,  the  period  for  which 
he  was  fentenced  fhall  commence  anew  from  the 
time  of  his  efcape. 


(    15  ) 


The  friends  of  reform  were  fenfible  that  the  new 
law  was  imperfect.  The  fubftituting  of  impri- 
fonment  for  life  for  the  punifhment  of  death  in  cer- 
tain cafes,  did  not  alter  the  relative  proportion  of 
punifhment  for  crimes  of  different  degrees  of  ma- 
lignity ;*  and  if  guilty  a  fecond  time  of  the  fame 
offence,  though  in  degree  inferior  to  the  higheft 
crime,  the  criminal  is  fubjefted  to  the  higheft  pe- 
nalty. Great  changes,  however,  in  matters  fo 
deeply  interefting  to  the  community,  (hould  not 
be  too  fuddenly  made.  The  work  of  reformation 
is  flow,  and  muft  encounter  many  and  ftrong  pre- 
judices, and  the  force  of  long-eftabliflied  opinions. 
It  was  prudent  to  liften  to  the  voice  of  thofe  who 
advifed  a  forbearance  of  further  change  till  expert^ 
ence  had  fully' afcertained  the  advantages  and  de- 
fers of  the  new  fyftem.  Thefe  will  be  gradually 
developed  in  the  progrefs  of  the  experiment ;  but 
many  years  are  neceffary  to  its  completion.  A 
flight  acquaintance  with  the  nature  of  man  and 
the  hiftory  of  fociety  is  fufficient  to  convince  the 
confiderate  and  difpaflionatc  obferver,  that  the  full 
effefts  of  an  inftitution  of  this  kind  cannot  be  felt, 
nor  the  trial  of  its  wifdom  and  efficacy  be  fairly 
and  fatisfaftorily  made,  until  after  a  long  and  per- 
fdvering  attention  to  its  management  and  ope- 
rations. 

*  In  the  criminal  code  of  Jo  sE?u  11.  Emperor  of  Germany,  Cgned  January 
ijtl,  the  punifhment  of  death  i»  not  to  he  found.  Higli  treafon  is  puniflied 
by  thirty  years  imprilonmeni,  confifcation  of  property,  and  branding. 
MjrJfr'wA  other  offences  again  ft  human  life  and  bodily  lafety,  are  puniSi* 
ed  by  imprifonmeut  for  thirty,  fifteen,  twelve,  eight,  and  five  yean,  accord- 
ing  to  the  different  degrees  of  turpitude. 

"  If  an  equal  punifiiment  be  ordained  for  two  crimes  tlmt  injure  fociety 
"  m  diffcrdnf  degree,  there  is  nothing  to  deter  men  from  committing  the 
"  greatjr,  a«  often  a»  it  it  attended  with  greater  advantage."    (Becciria  ; 


(    i6  ) 


It  is  to  be  lamented,  that  many  good  citizens, 
feeling  a  juft  abhorrence  at  crimes,  confulting  the 
fuggeflions  of  virtuous  indignation,  rather  than  the 
principles  of  juftice,  become  impatient  that  the  al- 
teration of  the  penal  code  has  not  yet  produced 
greater  and  more  decided  efiFefts,  and  diminifticd 
the  number  of  the  guilty.    They,  fometimes,  even 
exprcfs  a  regret  at  the  change  which  has  been 
wrought  in  our  laws,  and  returning  to  a  fyftem  of 
accumulated  feverity  and  terror,  wifti  to  fee  every 
offence  againfl  life  and  property  punilhed  with 
death ;  as  if  crimes  would  ceafe  with  the  extermi- 
nation of  the  criminal.    But  let  fuch  turn  their 
eyes  inward  upon  their  own  hearts,  and  analyze 
the  fource  from  whence  fuch  wifhes  arife.  Let 
them  confider  the  effects  produced  on  fociety  and 
manners  by  the  rapid  increafe  of  wealth  and  luxu- 
ry, natural  population,  and  emigration,  which  con- 
fequently  augment  the  number  of  crimes,  whe- 
ther the  laws  be  mild  or  fanguinary.    Let  them 
confult  reafon,  and  the  experience  of  the  moft  en- 
lightened nations,  which  prove  beyond  all  con- 
tradi6lion,  that  crimes  are  moft  frequent  where 
the  laws  are  moft  rigorous ;  that  punifhments  7nild 
and  certain  more  effeftually  prevent  crimes  than 
thofe  which  are  fanguinary  and  fevere.    Let  them 
at  leaft  examine,  before  they  condemn,  a  fyftem 
fanftioned  by  different  legiflatures,  prudent  and 
enlightened,  and  applauded  by  the  wifeft  and  beft 
men  in  all  civilized  countries. 


x. 


(    19  ). 

is  a  building  of  ftone  for  folitary  cells.  Each 
building  contains  feven  cells.  The  cells  are 
eight  feet  long,  fix  feet  wide,  and  fourteen  feet 
high :  the  windows  are  eight  feet  from  the  floor. 
It  would  have  been  more  fecure  if  all  the  cells  and 
the  rooms  in  the  wings  adjoining  had  communica- 
ted with  one  and  the  fame  palFage  ;  fince  the  fame 
perfon  who  watched  the  wings  might  at  the  fame 
time  have  attended  to  the  cells.  It  was,  probably, 
owing  to  this  defeft,  that  the  efcapes  were  made 
from  the  cells,  which  might  have  been  prevented 
by  a  fuitable  watch. 

Parallel  to  the  front,  along  the  rear  of  the  yard, 
is  a  building  of  brick,  two  hundred  feet  in  length, 
and  twenty  feet  in  breadth,  two  flories  high,  which 
contains  all  the  work-fhops.  In  the  interior  court 
•are  two  pumps  with  excellent  water,  and  a  large 
bafoii  fupplied  with  water  from  the  river,  in  which 
the  prifoners  frequently  bathe  during  the  warm 
feafon,  for  the  purpofe  of  cleanlinefs  and  health. 

The  whole  is  furrounded  by  a  wall,  of  flone 
fwenty-three  feet  high  oh  the  river  fide,  and  four- 
teen feet  high  in  front,  extending  in  length  on  one 
fide  five  hundred  feet,  and  in  breadth  two  hundred 
and  fcventy-nine  feet. 

The  north  fide  of  this  enclofure  is  allotted  to- 
keep  fuel,  and  materials  fbr  the  ufe  of  the  fjrifon. 
The  area  on  the  fouth  fide  is  appropriated  to  a 
garden,  which  is  in  excellent  order,  and  produces 
all  the  vegetables  wanted  fox  the  ufe  of  the  prrfon, 
the  keeper  and  his  family. 


(     20  ) 

The  annexed  plales  will  give  a  more  exaft  idea 
of  the  extent  and  fituation  of  the  buildings,  and 
the  arrangement  of  the  rooms.  The  whole  ex- 
penfe  of  tlie  ground,  buildings,  and  wharf,  was 
two  hundred  and  eight  thoufand,  eight  hundred 
and  forty-fix  dollars. 

—   

SECTION  II. 

Of  the  InfpeBors. 

THERE  are  Jcvtn  Infpe6lors  of  the  prifon, 
appointed  by  the  governor  and  council,  during 
pleafure.  They  are  required  by  law  to  meet  once 
at  leaft  in  every  month.  They  meet  once  in  each 
week  to  confult  on  the  affairs  of  the  prifon  ;  and, 
monthly,  two  of  their  number  are  felefted  as  vi- 
Jitors.  The  perfons  thus  defignated  muft  vifit 
the  prifon  once  in  each  week,  during  the  recefs 
of  the  board  of  infpeclors.  It  is  their  duty  to 
inquire  into  and  infpefl  the  general  flate  of  the 
prifon  j  to  fee  that  the  keepers  are  attentive  and 
faithful  in  the  difcharge  of  their  feveral  duties ; 
that  cleanlincfs;  decency,  and  order  are  every  where 
maintained  ;  that  the  prifoncrs  arc  treated  with  juf- 
tice  and  humanity  :  to  liRc.n  to  their  complaints 
and  communications ;  to  admonifh  the  bad,  ap- 
plaud the  good,  and  encourage  all  to  amendment 
and  reformation ;  and  to  give  them  fuch  advice  as 
Jnay  awaken  virtuous  i'eniibility,  and  promote  theif 
^T^oral  and  religious  improvement. 


(     21  ) 


This  occafional  intercouife,  in  which  the  prifon- 
crs  difcover  in  their  vifitors  the  features  of  benevo- 
lence, not  the  contemptuous  frowns  of  an  unfeeling 
tyrant,  has  a  tendency  to  encourage  the  well-dif- 
pofed,  and  foften  the  hearts  of  fuch  as  are  grown 
obdurate  by  reiterated  crimes.  While  it  repreffes 
the  ferocious  infolence  of  the  hardened  offender, 
it  tranquilizes  the  tumultuous  feelings  of  defpair ; 
and  inflead  of  gloomy  indifference,  depreflion,  and 
contempt,  excites  emotions  of  hope  and  fear,  at- 
tention and  refpeft,  which  prepare  the  mind  to  re- 
ceive impreflions  favourable  to  future  amendment. 

The  Inrpe£tors,  with  the  Judges  of  the  Supreme 
Court,  or  any  two  of  them,  the  Mayor  and  Re- 
corder of  the  city  of  New- York,  the  Attorney- 
General,  and  Afliftant  Attorney-General,  are  em- 
powered to  make  regulations  for  the  internal  go- 
vernment and  management  of  the  prifon.  And 
the  Governor,  Lieutenant-Governor,  Chancellor, 
and  fuch  Minifters  of  the  Gofpel,  refiding  in  the 
city,  as  have  the  charge  of  churches  or  congrega- 
tions, are  alfo  allowed  to  vifit  and  examine  the 
prifon  at  their  pleafure.  Every  day  either  the 
vifiting  infpe6tors,  the  agent,  who  is  alfo  an  in- 
fpeftor,  or  fome  of  the  board  not  on  duty,  and 
others  occalionally,  vifit  the  prifon.  In  the  fe- 
cond  week  of  the  terms  of  April  and  j  uly,  when 
the  Supreme  Court  is  held  in  the  city,  vifitations 
are  made  by  the  Judges,  who  inquire  into  the  flate 
and  progrefs  of  the  eflablifhment. 

And  it  is  a  circumftance  not  lefs  honourable  tq 
them  than  evincive  of  the  foundnefs  of  the  princi- 


pies  of  the  inftitution,  that  they  have  hitherto  been 
its  zealous  friends,  and  dilpofed  to  promote  its 
fuccefs  by  their  countenance  and  advice.  Their 
fituation,  while  it  renders  them  familiar  with  cri- 
minals, and  enables  them  to  decide  with  greater 
certainty  on  the  operation  of  human. punifhments, 
is  alfo  favourable  to  thofe  habits  of  deliberation 
and  enlightened  foreiight,  fo  necelTary  in  pro- 
nouncing on  the  wifdbm  or  fuccefs  of  new  experi- 
ments in  the  fyflem  of  penal  laws. 

With  this  fyftem  of  vifitation  and  infpefiion,  it 
is  hardly  pofTible  that  abufes  and  corruptions 
fhould  creep  into  the  adminiflration  of  the  prifon, 
or  fhould.  they  arife,  they  cannot  be  long  unnoticed 
or  unreformed. 

The  Injpe^ors  or  the  Agent  purchafe  all  the  ar- 
ticles required  for  the  ufe  of  the  prifon,  the  rav\r 
materials  for  manufafture,  and  the  tools  and  im- 
plements necelTary  in  the  feveral  occupations.  A 
regular  account  of  all  thefe  purchafes  is  kept,  and, 
annually,  a  report  is  made  by  the  Infpe£lors  to  the 
legiflature  of  the  condition  of  the  prifon,  the  num- 
ber and  defcription  of  the  convifls  received  during 
the  year,  difcharged,  and  remaining  in  confinement ; 
an  account  of  the  fums  expended  for  the  main- 
tenance of  the  prifoners,  for  raw  materials,  tools, 
&c.  and  of  the  monies  received  from  the  flate,  aad 
ariling  from  the  fale  of  the  manufactured  articles. 

No  falaries  arc  paid  to  the  Infpedlors.  Atlu- 
ated  by  principles  of  benevolence,  and  a  love  of 
juflice  and  humanity,  they  have  offered  the  vo- 


(     23  ) 


luntary  contribution  of  their  fcrvices.  They  have 
fought  no  other  recompenfe  than  thofe  feehngs 
which  accompany  the  exertions  of  good  men  for 
the  benefit  of  fociety. 

The  Agent  appointed  to  purchafe  cloathing 
and  materials,  and  for  the  difpofal  of  the  manufac- 
tured articles,  is  allowed  a  falary  of  fifteen  hundred 
dollars  a  year.  As  the  nature  of  his  office  leads 
him  daily  to  the  prifon,  he  ought  to  be  fele£led 
from  the  board  of  Infpetlors;  otherwife,  as  it  is 
necelTary  that  one  of  the  Infpcftors  fhould  attend 
at  the  prifon  every  day,  that  he  may  be  intimately 
acquainted  with  its  concerns,  and  ready  to  advife 
and  dire£l  in  a  variety  of  things  which  fhould  not 
be  left  entirely  to  the  keeper,  another  falary  would 
be  re<juifite  as  a  compenfation  for  this  extraordinary 
fer\'ice.  As  this  is  now  performed  by  an  agent 
v/ho  is  alfo  an  Infpeftor,  a  confiderable  fum  is 
annually  faved. 

The  Infpeftors  have  a  cleri,  who  refides  at  the 
prifon,  and  is  allowed  five  hundred  dollars  a  year. 
He  tranfcribes  the  minutes  and  orders  of  the 
board ;  and,  in  books  provided  for  that  purpofe, 
enters  the  names  of  the  prifoners  received  and  dif- 
charged;  keeps  an  account  of  the  labour  performed 
by  each  prifoner,  and  charges  him  with  his  cloath- 
ing and  diet :  and  alfo  an  account  of  articles 
brought  into  the  prifon  for  the  maintenance  of  the 
convicts,  and  for  the  purpofe  of  being  manufac- 
tured. 

When  a  prifoner  is  dilmilfed  from  confinement, 


(    24  ) 


his  account  is  made  out  and  laid  before  the  In- 
fpeclors;  and  his  name,  with  a  defcription  of  his 
perfon,  and  the  mode  of  hfe  he  intends  to  purfue, 
is  tranfmitted  to  the  pohce  magiflrates. 

Though,  in  the  commencement  of  this  eftablifli- 
ment,  perfons  have  been  found  willing  to  under- 
take the  gratuitous  management  of  its  concerns  as 
Infpeftors;  yet  fome  may  imagine,  that  without 
the  inducement  of  confiderable  falaries,  or  the 
ufual  motives  of  intereft,  it  will  be  difficult 
hereafter  to  obtain  a  competent  number  qualified 
for  the  execution  of  fuch  an  office.  It  cannot  be 
denied,  that  the  efficacy  and  fuccefs  of  this  new 
experiment  in  penal  law,  will,  in  a  great  degree, 
depend  on  the  board  of  Infpeftors ;  but  it  is 
highly  probable,  that,  in  a  city  fo  populous  as 
New- York,  men  may  always  be  found,  endued 
with  that  benevolence  and  zeal  which  fuch  a  caufe 
demands,  who  will  be  ready  to  devote  gratuitouf- 
ly  a  portion  of  their  time  and  talents  to  a  fervicc 
fo  honourable  to  them  and  beneficial  to  the  com- 
munity. 

The  entire  cujlody  of  the  prifon  and  the  con- 
vi6ls  is  committed  by  law  to  the  Infpeftors,  who 
are  authorized  to  appoint  and  remove  the  kctpen 
at  their  pleafure. 


(   "25  ) 


SECTION  III. 

Of  the  Keeper  and  his  AJftJlants. 

THE  principal  keeper  is  obliged  to  take  an 
oath  or  affirmation  for  the  faithful  execution  of 
his  office,  and  to  give  fecurity  for  the  perform- 
ance of 'the  duties  required  of  him.  He  is  al- 
lowed a  falary  of  eight  hundred  and  feventy-five 
dollars  a  year,  with  his  board  and  the  neceffary 
apartments  for  himfelf  and  his  family  in  the  prifon; 
but  no  fees  or  perquiutes  of  any  kind  is  he  per- 
mitted, on  any  account,  to  receive. 

.  It  is  of  the  higheft  importance,  that  an  officer 
on  whom  the  fafety  of  the  prifon  and  the  fuccefs 
of  the  inftitution  fo  eflentially  depend,  fliould  be 
a  perfon  of  refpeftability,  and  endued  with  quali- 
ties adapted  to  fo  difficult  and  arduous  a  duty.  A 
falary,  therefore,  ought  to  be  given,  in  fome  degree, 
proportioned  to  the  great  care  and  refponfibility  at- 
tached to  the  office,  and  which  may  command  the 
fervices  of  a  fui  table  charafter.  By  a  competent 
and  fixed  falary,  while  fees  and  the  prices  of  indul- 
gences of  any  kind  are  ftri£lly  prohibited,  all 
temptations  to  extortion  and  abufe,  fo  frequent 
and  enormous  in  the  prifons  of  other  countries, 
are  entirely  prevented. 

A  keeper  fhould  be  a  perfon  of  found  under- 
ftanding,  quick  difcemment,  and  ready  apprehen- 
fion;  of  a  temper  cool,  equable,  and  difpaffionate; 
with  a  heart  wanned  by  the  feelings  of  benevot 
D 


(    26  ) 


lence,  but  firm  and  refolute ;  of  manners  dignified 
and  commanding,  yet  mild  and  conciliating ;  a 
lover  of  temperance,  decency,  and  order ;  neither 
refentful,  talkative,  or  familiar ;  but  patient,  perfe- 
vering,  and  difcreet  in  all  his  conduft.  While 
the  unhappy  wretches  committed  to  his  care  and 
fubjefted  to  his  power  are  regarded  as  fufceptible 
of  being  influenced  by  their  fellow  men,  and  capa- 
ble of  reformation,  he  fhould  never  treat  them  with 
harfhnefs,  cruelty,  or  caprice,  nor  thwart  or  irritate 
them  in  trivial  matters ;  but,  on  all  occafions, 
while  he  makes  himfelf  feared,  he  fhould,  by  a 
mild  and  temperate  behaviour,  by  vifiting  the 
fick,  inquiring  into  their  wants,  and  occafionally 
fupplying  them  with  little  comforts,  and  fpeaking 
kindly  to  thofe  at  work,  endeavour  to  gain  their 
affeftion  and  refpeft.  Though,  in  order  that  he 
may  be  on  his  guard  againfl;  their  machinations, 
he  fhould  confider  them  as  wicked  and  depra- 
ved, capable  of  every  atrocity,  and  ever  plotting 
fome  means  of  violence  and  efcape ;  yet  he  fliould 
always  be  convinced  of  the  pofiTibility  of  their 
amendment,  and  exert  himfelf  in  every  Way  to 
promote  it. 

He  ought,  however,  to  be  prompt  in  punifh- 
ing  every  ofiFence  againft  the  rules  and  orders 
of  the  prifon,  and  fulFer  no  improprieties  of  con- 
du6l  to  pafs  without  animadverfion  ;  for  the  flight- 
eft  negligence  in  this  refpeft  might  lead  to  greater 
off^ences,  and  be  attended  with  ferious  confe- 
quences.  In  the  infliftion  of  punifliment,  he 
fliould  be  calm  and  inflexible,  without  anger,  fo 


(    27  ) 


that  he  may  convince  the  oEFender  that  he  a£ls, 
not  from  paflion  or  vengeancCj  but  from  juftice. 

He  fhould  frequently  vifit  every  part  of  the  pri- 
fon,  the  work-fhops,  kitchen,  hofpital,  &c.  that  he 
may  deteft  any  irregularities  which  may  be  com- 
mitted. 

No  keeper  or  afEftant-keeper  is  permitted  to 
ftrike  a  prifoner.  If  he  is  a  perfon  of  good  un- 
derftanding,  he  will  perceive  how  much  his  influ- 
ence muft  be  diminiflied  by  any  indulgence  of 
anger,  and  be  content  with  the  fober  exercife  of 
the  power  entrufted  to  him.* 

At  each  weekly  meeting  of  the  Infpeftors,  the 
keeper  prefents  a  written  report  fpecifying  the 
number  of  convifls  in  the  prifon  and  their  various 
employments ;  how  many  have  been  received  or 
difcharged ;  the  number  of  the  lick,  and  of  thofe 
who  are  confined  in  the  folitary  cells ;  and,  in  ge- 
neral, all  the  occurrences  which  have  taken  place 
in  the  prifon,  fince  the  laft  meeting  of  the  In- 
fpeftors. 

The  number  of  AJfiJiant  Keepers,  at  prefent,  con- 
fifts  of  twelve,  who  are  allowed  each  a  falary  of  two 
hundred  and  fifty  dollars  a  year,  with  diet,  lodging, 
arid  waftiing.  One  of  the  afliftants  is  defignated  by 

•  "  Prifoners  are  nude  defperate  by  the  profanencfs,  violent  hafty  tem- 
"  pers,  inhumanity,  and  ill  ufage  of  their  keepers.  That  convidls  cannot 
"  be  governed,  is  certainly  erroneous :— the  moft  defperate  may  generally 
"  be  managed  by  exerciCng  a  calm,  c^uiet,  and  fteady  mode  of  condudl,  and, 
"  when  they  behave  well,  with  great  kindnefs  and  humanity ;  and  when 
"  fick,  let  them  be  treated  with  tendemels."  Howard. 


(     28  ) 

the  Infpeflors  as  a  Deputy  Keeper,  who,  in  cafe  of 
vacancy  in  the  office  of  principal  keeper,  is  invefl- 
ed  with  all  his  powers,  and  is  to  execute  all  his  du- 
ties, and  is  allowed  a  falary  of  four  hundred  dol- 
lars a  year.  The  deputy  keeper  delivers  all  the 
clothes  to  the  prifoners,  has  the  charge  of  all  the 
houfehold  furniture,  provifions,  &c.  daily  infpefts 
the  gratings  of  the  windows,  the  walls,  floors,  &c. 
to  fee  if  any  attempts  have  been  made  to  efcape. 

The  affiftant  keepers  have  feparate  flations  af- 
figned  them,  and  keep  alternate  watch  during  th» 
night.  It  is  their  peculiar  duty  to  fee  that  all 
the  orders  and  regulations  refpe£l;ing  the  prifon  are 
flriftly  obferved;  that  all  the  apartments,  halls,  &c, 
are  kept  clean ;  that  the  men  are  attentive  to  their 
refpeflive  occupations ;  and  that  no  noife,  fwear- 
ing,  indecent  language,  or  difturbance,  is  permit- 
ted. In  cafe  of  any  mifbehaviour,  however  trifling, 
they  muft  take  the  offenders,  without  delay  or  con- 
tention, to  the  keeper,  for  the  purpofe  of  being 
fent  to  the  folitary  cells,  if  he  (hall  be  thought  to 
fieferye  punifhment. 

As  the  prifoners  are  puniflied  for  indecent  Ian- 
guage  and  mifbehaviour,  it  is  elTential  that  the 
keeper  and  his  affiftants  fliould  wholly  abftain 
from  every  impropriety  of  fpcech  and  conduct : 
for  it  is  in  vain  to  expcQ:  good  manners  in  the 
convifts,  when  thofe  who  are  fet  over  them  exhibit 
examples  of  the  very  vices  they  are  required  to 
chaftife  and  corre6l. 


The  Infpc6lors  are  careful  to  inform  thofe  whQ 


(     29  ) 


are  appointed  keepers,  that,  fhould  they  be  found 
guilty  of  thofe  vicious  praftices,  they  fhall  be  dif- 
mifled.  It  is  difficult  to  find  keepers  of  fufficient 
zeal  to  admonifli  the  prifoners  againft  'fuch  con- 
du6l,  or  to  punifh  them  when  guilty.  When, 
however,  their  negligence  or  connivance  is  difco- 
vered,  they  are  fure  to  be  difcharged. 

The  afliftant  keepers,  who  alfo  perform  the  du- 
ties of  Turnkeys,  are  without  arms  of  any  kind, 
fince  no  punifliment  is  allowed  to  be  inflicted, 
except  folitary  confinement.  In  the  feleftion  of 
affiflant  keepers,  great  care  is  taken  to  employ 
thofe  only  who  are  temperate,  vigilant,  and  faith- 
ful, and  who  will  fet  no  example  of  that  irregu- 
larity, indecency,  or  mifconduft,  which  is  fo  ftri6l- 
ly  prohibited  in  the  prifon. 

In  confequence  of  fome  efcapes,  the  legiflature 
at  the  laft  feflions  authorized  the  Governor,  or  the 
perfon  adminiftering  the  government,  to  raife  a 
guard,  to  be  called  "  The  State- Rrifon  Guard." 
It  is  under  the  fole  direftion  of*  the  Mayor  of 
the  city  of  New-York,  and  is  to  obey  all  his  orders 
and  regulations  for  guarding  the  prifon,  or  arreft- 
ing  thofe  who  may  efcape. 

The  annual  expenfe  of  this  guard  will  be  about 
feven  thoufand  dollars.  Though  the  fecurity  of 
the  prifon  is  of  the  higheft  confequence,  fince  the 
efficacy  of  mild  puniftiments  depends  on  their  cer- 
tainty ;  yet  it  is  probable,  that  an  increafe  of  the 
number  of  keepers,  and  a  more  perfeft  arrange- 
ment of  them,  would  have  been  equally  eCFeftual 


(    30  ) 


to  that  fecurity,  and  would  create  not  half  the  ad- 
ditional expenfe  of  the  prefent  guard. 

The  diftance  of  the  prifon  from  the  thickly  in- 
habited parts  of  the  city,  is  a  circum fiance  which 
at  prefent  renders  efcapes  more  eafily  to  be  efFeft- 
ed.  Confidering  the  rapid  increafe  of  New- York 
for  the  laft  ten  years,  it  is  probable  that  in  double 
that  portion  of  time,  the  State- Prifon  will  be  the 
middle  point  of  the  weftem  part  of  the  city,  and 
be  environed  with  well-built  ftreets.  In  that  event, 
and  with  the  aid  of  a  more  perfefl  experience,  it  is 
expefled  that  the  prifon  may  be  rendered  more 
fecure,  and  the  prefent  additional  expenfe  faved. 

But  fhould  this  expcftation  never  be  realized, 
the  advantage  which  muft  refult  to  the  communi- 
ty from  the  certainty  of  puniftiment  in  the  perfeft 
fecurity  of  the  prifon,  mull,  in  the  mind  of  every 
confiderate  perfon,  far  outweigh  the  circumftance 
of  the  expenfe  of  an  increafed  number  of  keepers, 
which,  after  all,  may  poffibly  be  defrayed  out  of 
the  profits  arifing  from  the  labour  of  the  convi6ts 
themfelves. 


(    3^  ) 


SECTION  IV. 

Of  the  Prifoners  ;  their  general  treatment^ 
occupations ^  drefs^  diet,  and  means  of  re- 
formation. 

WHEN  a  convifl  is  firft  received  into  the  pri- 
fon,  he  is  put  into  a  room,  appropriated  folely  to 
that  ufe,  where  he  is  immediately  ftripped  of  all 
his  clothes,  and  obliged  to  vvafti  and  clean  himfelf. 
He  is  then  dreffed  in  a  new  fliirt,  trowfers,  jacket, 
ftioes  and  ftockings,  the  uniform  of  the  prifon. 
He  is  then  afked  what  kind  of  work  he  is  fitted  to 
perform,  or  is  inclined  to  undertake ;  and  the  next 
day  commences  his  courfe  of  labour.  If  the  prifon- 
er  is  ignorant  of  any  of  the  branches  of  induftry 
eftablifhed  in  the  prifon,  which  is  generally  the  cafe, 
or  refufes  to  feledl  any,  the  keeper  decides,  and  he 
is  compelled  to  learn  of  thofe  who  are  already  fkil- 
led  in  the  particular  manufa£l;ure,  to  which  he  is 
apprenticed.  His  name,  crime,  time  of  convi6lion, 
and  fentence,  with  a  defcription  of  his  perfon,  are 
entered  in  a  book;  and  the  Infpeftors  colleft  all  the 
information  that  can  be  obtained  of  his  former  cha- 
rafter  and  courfe  of  life,  the  circumftances  attend- 
ing his  trial,  and  evidence  of  his  guilt,  or  what- 
ever may  enable  them  to  form  a  judgment  of  the 
degree  of  his  depravity.  This  previous  knowledge 
is  necelTary  to  guide  them  in  their  treatment  of  the 
prifoner  during  his  confinement;  and  to  prevent  a 
premature  or  miftaken  indulgence  or  feverity  to- 
wards him. 


(    32  ) 


The  well-behaved  are  allowed  once  in  three 
months  to  fee  their  wives  and  connexions  in  pre- 
fence  of  a  keeper. 

The  keeper  is  empowered  to  punifh  the  convids 
for  affaults,  profane  curfing  and  fwearing,  indecent 
behaviour,  idlenefs  or  negligence  in  work,  wilful 
mifmanagement,  or  difobedience  to  lawful  orders. 
This  punifhment  confifls  in  the  confinement  of 
the  offender  to  one  of  the  folitary  cells,  and  feed- 
ing him  on  bread  and  water  only,  for  fuch  time  as 
any  two  of  the  Infpeftors  may  think  neceflary  and 
reafonable.  The  form  of  thefe  cells  has  already 
been  defcribed.  The  convi6l  who  is  fent  to  them 
for  mifbehaviour  or  contumacy  is  allowed  neither 
bed  nor  feat ;  and  the  window  is  fo  high  that  h6 
can  neither  fee  nor  converfe  with  any  perfon. 
Surrounded  with  naked  walls,  he  is  left  in  foHtude 
to  ruminate  at  leifure,  without  any  external  objcft 
to  engage  his  attention  or  amufe  his  fenfes.  Irt 
this  fituation,  with  his  thoughts  continually  direfl- 
ed  to  his  prefent  condition  and  paft  conduft,  be 
may  fooner  or  later  perceive  the  wickednefs  and 
folly  of  his  former  courfe  of  life,  feel  the  bitter 
pangs  of  remorfe,  and  be  difpofed  to  futurfc 
amendment. 

At  firft,  the  Judges,  in  feme  inflances,  exercifcd 
the  power  given  them  by  the  law,  of  fentencing  the 
convifts  to  folitary  confinement  as  a  punifhment  for 
the  crimes  they  had  committed;  but,  afterwards,  thi* 
was  thought  to  be  needicfsly  feverc;  and  as  the  ftatt 
was  thereby  deprived  of  the  benefit  of  their  la 


{    33  ) 


bour,  that  punifhmcnt,  though  it  may  make  a  part 
of  the  fentence  which  follows  conviftion,  is  not 
now  inflifted  of  courfe,  but  is  left  to  be  impofed 
by  the  Infpeftors  on  fuch  only  as  are  otherwife 
refraftory  and  incorrigible. 

Empi-oyment.  —  Two  years  elapfed  after  the 
prifon  was  opened  for  the  reception  of  convifts,  be- 
fore the  outer  walls  w^ere  built,  and  the  work-fhops 
completed,  fo  as  employment  could  be  found  for 
all.     The  firft  kind  of  labour  introduced  was 
the  manufafture  of  fhoes  and  boots.    Under  the 
inftruftion  of  a  prifoner  fentenced  for  life,  who 
was  a  fkilful  flioemaker,  it  was  matter  of  furprife 
to  obferve  with  how  much  rapidity  thofe  who 
were  before  wholly  ignorant  of  the  trade,  learned 
to  become  excellent  workmen.  On  account  of  their 
fedentary  occupation,  they  are  allowed  occafional- 
ly  to  walk  in  the  court-yard  for  the  benefit  of 
air;  and  if  their  health  is  materially  affe£ted  by 
fitting  at  the  work-bench,  they  are  transferred  to 
fome  more  aftive  employment. 

Working  in  iron,  as  blackfmiths,  and  cutting 
nails,  aEFord  employment  to  a  confiderable  number. 
Thefe,  with  the  carpenters,  weavers,  coopers,  tay- 
lors,  &c.  perform  their  feveral  labours  in  the  fhops, 
in  the  rear  of  the  great  court,  which  are  erefted  for 
that  purpofe.  One  of  the  convifls,  of  the  bed 
charafter  and  well  qualified,  is  elefted  to  fuperia- 
tejid  each  of  thofe  raanufa6lurcs. 


E 


(    34  ) 

The  branches  of  induftry  at  prefcnt  eftablifhed, 
and  the  number  of  men  employed,  arc, 


Shoemakers,   96 

Cutting  out  fhoes,  ...  5 
Binding  do   8 

  109 

Cutting  nails,  14 

Heading  do  40 

  54 

Blackfmiths,    6 

Attending  nail  dies,   3 

Filing  do   2 

Grinding  do   6 

Drilling  do   2 

Carpenters,   .  .  ,  6 

Taylors,    6 

Stocking-weavers   2 

Making  needles  for  do.  ...  1 

Spinning,  &c  15 

Weavers,   5 

Gardeners,    2 

Common  labourers,   8 

Cooks,    7 

Waiters,    4 

Do.    in  the  halls,    8 

Superintendar^ts  of  kitchen,  &c.  4 

Barber,   t 

 251 


All  the  linen  and  woollen  cloth  and  ftockings, 
for  the  ufe  of  the  convi£ls,  are  manufaQurcd  by 
them. 


(    35  ) 


It  is  highly  neccffary  that  the  convicts  fhould 
be  kept  fufficiently  clofe  to  their  work,  fo  as  to 
fulfil  the  end  of  their  punifhment,  which  fubjefts 
them  to  hard  labour.  It  is  to  this  they  are 
fentenced,  and  if  rigoroufly  enforced,  it  will  tend 
to  prevent  tbofe  who  are  difcharged,  as  well  as 
others,  from  the  commiffion  of  crimes.  For  while 
one  object  is  purfued,  another  mull  not  be  forgot- 
ten. While  the  punifhment  operates  towards  the 
amendment  of  the  criminal,  it  fhould  by  its  exam- 
ple produce  a  falutary  dread  on  the  minds  of 
others. 

Each  convicl  is  charged  with  the  clothes  fur- 
nifhed  him,  the  expenfes  of  his  tranfportation  from 
the  county  in  which  he  was  convifted,  and  fifteen 
cents  a  day  for  his  maintenance.  A  clerk,  who 
is  one  of  the  convidls,  keeps  a  daily  account  of 
each  man's  labour,  and  makes  a  weekly  return 
thereof  to  the  clerk  of  the  prifon,  who  enters  the 
fame  to  the  credit  of  the  prifoner.  When  the  convifl; 
is  difcharged,  his  account  is  made  out  by  the  clerk 
of  the  prifon,  and  laid  before  the  Infpeftors,  who 
are  authorized  by  law  to  make  him  fuch  allowance 
as  may,  in  their  opinion,  be  proper.  In  eftimating 
the  juftice  or  expediency  of  this  compenfation,  the 
Infpeftors  take  into  confideration  the  charafter  of 
the  perfon  before  his  conviftion,  his  behaviour 
during  confinement,  the  general  difpofition  he  has 
manifefted,  and  the  quantity  of  labour  he  has  per- 
formed. If,  on  the  whole,  it  appears  probable  that 
he  may  make  a  bad  ufe  of  the  money,  they  give 
him  one  or  two  dollars  only,  though  he  may  have 
earned  a  confiderable  fum.  If,  on  the  contrary,  bis 


(    36  ) 


habits  appear  to  be  fuch  as  to  induce  a  belief  that 
he  will  make  a  good  ufe  of  money,  a  larger  fum  is 
allowed  him. 

The  Jnfpeftors  having,  in  feveral  inftances, 
been  deceived  in  the  fubfcqucnt  condufl  of  thofe 
who  promifed  to  do  well,  have,  of  late,  adopted 
in  fome  cafes  the  following  rule :  on  the  dif- 
charge  of  a  prifoner  who  appears  meritorious,  a 
trifling  fum  is  given  him,  and  a  promife  in  wri- 
ting by  the  Infpeftors  to  pay  him  the  refidue  of 
fuch  fum  as  is  agreed  upon ;  provided,  that  at 
the  expiration  of  three  months  after  his  difcharge, 
he  fhall  produce  a  certificate,  figned  by  credita- 
ble citizens,  to  the  fatisfaftion  of  the  Infpeftors, 
that  he  has,  during  that  period,  behaved  orderly, 
foberly,  and  induftrioufly ;  otherwife  the  promife 
to  be  void- 
Some  of  the  affiflant  keepers  overfee  the  dif- 
ferent work-fhops,  and  take  care  that  the  men  are 
not  reraifs  or  inattentive  to  their  work.  All 
fwearing,  finging,  whiflling,  idle  or  indecent  con- 
verfation,  are  ftriftly  prohibited ;  nor  are  they  per- 
mitted to  leave  the  work-fhop  where  they  are  placed. 
In  each  work-fhop  or  room,  thefe  rules,  written  in 
confpicuous  and  legible  charafters,  are  hung  up, 
that  no  perfon  may  pretend  ignorance  of  them. 

At  fun-rife,  all  the  convi£ls  are  called  up  by  the 
affiftant  keepers.  Each  room  is  fupplied  with  a 
pail  of  frefh  water  and  a  coarfe  towel,  and  each 
prifoner  is  obliged  to  wafb  his  hands  and  face. 


(   37  ) 


At  fix  o'clock  in  fummer,*  they  are  fummoned  to 
their  refpeftive  occupations.    Two  alEftant  keep- 
ers are  conftantly  within  the  prifon  with  the  fhoe- 
makers ;  and  one  with  the  women  who  are  em- 
ployed in  walhing,  fpinning,  fevving,  &c.  At 
ihe  hour  of  eight,  at  the  found  of  the  bell,  the 
alEIlant  keeper  condufts  the  men  to  their  breakfaft, 
prepared  in  one  of  the  fpacious  corridors;  and 
thofe  who  work  in  the  court-yard  are  led  to  a 
large  dining-room  above  the  kitchen.     To  pre- 
vent any  noife  or  confufion  about  places,  each 
man  fits  in  the  fame  place  every  day.  After 
being  feated  a  fhort  time,  they  commence  their 
meal  at  a  fignal  given  by  the  keeper.   Thefe  meals 
are  taken  in  filence,  and  when  all  are  obferved  to 
have  finifhed,  they  are  condufted  by  the  keepers  to 
their  refpeftive  ftations.    The  fame  order  is  ob- 
ferved at  dinner  and  fupper ;  after  which  they  ar« 
locked  up  in  their  feveral  apartments.  When 
day-light  difappears,  a  fmall  lamp  is  lighted  in 
each  room  and  in  the  halls ;  and  then  the  alTiflant; 
keepers  go  on  watch  in  the  halls,  and  corridors, 
which  command  a  view  through  grated  doors  of 
each  apartment :  they  walk  to  and  fro  during  the 
night,  dividing  the  watch  between  them. 

Two  watch-houfes  are  erefted  adjoining  to,  and 
on  the  outfide  of  the  walls  on  the  north  and  fouth 
fides,  which  overlook  the  whole  interior  court  and 
work-fhops,  and  in  which  alfiftant  keepers  are 
flationed  while  the  men  are  at  work. 

*  Oa  account  of  the  diibince  of  the  prifon  from  the  city,  it  was  not 
thought  prudent  to  permit  the  prifoners  to  leaye  their  rooms  at  an  earlier 
hour. 


(   38  ) 


The  rootns  in  which  the  prifoners  remain  during 
the  night,  and  when  they  are  not  at  work,  have 
each  a  grated  window  which  looks  into  the  outer 
court-yard,  and  an  iron  grated  door  opening  into 
the  corridor,  in  which  are  other  windows  towards 
the  interior  court,  fo  that  a  free  circulation  of  air 
can  be  maintained  through  each  apartment.  Eight 
perfons  are  confined  in  each  room,  and  are  allowed 
four  beds,  fo  that  two  fleep  in  one  bed.  Their  beds 
are  made  of  tow  cloth  fluffed  with  flraw,  which  is 
changed  once  in  fix  or  eight  weeks,  and  are  inclofed 
in  a  kind  of  wooden  boxes  which  fold  up  during 
the  day.  This  mode  of  lodging  appears  objec- 
tionable ;  each  prifoner  ought  to  have  a  feparate 
bed,  confifling  of  a  bedflead  of  iron,  a  mattrafs  of 
hair,  or  of  fome  other  durable  and  elaflic  materials. 
Such  beds  would  be  more  expenfivc  at  firfl,  but 
they  would  laft  long,  and  be  more  conducive  to 
health.  If  prafticable,  a  lefs  number  of  convi61;s 
fhould  be  put  into  one  room.  Indeed  the  repa- 
ration of  the  criminals  from  each  other  during 
the  night  is  a  matter  of  fo  great  importance,  that 
it  is  defirable  that  an  immediate  improvement 
fliould  be  made  in  this  refpeft.  The  rooms  arc 
fwept  every  day,  and  waflied  once  a  week,  as  is 
every  other  part  of  the  prifon,  which  vies,  in 
cleanlineis,  with  any  private  dwelling  under  the 
management  of  the  mofl  notable  houfewife.  All 
the  rooms  in  the  prifon  are  white-wafhed  with 
lime  and  water  twice  every  year;  and  during 
the  fummer  feafon  the  rooms  are  frequently  whitc- 
wafhed  round  the  walls  about  four  feet  high. 
Each  apartment  is  furnilhed  with  a  bible,  fome 


(    39  ) 

religious  books,  a  night-table  and  a  box  of  fand ; 
no  prifoner  is  allowed  to  fpit  on  the  floor. 

Dress. — The  fummer  diefs  of  the  convifls  con- 
fifts  of  a  jacket  and  trowfers  made  of  linen  cloth 
of  a  brown  colour.  The  drefs  worn  in  winter  is 
of  the  fame  form  and  colour,  and  made  of  woollen 
and  linen  cloth.  Thefe  clothes  are  all  made  in 
the  prifon.  A  clean  fhirt  and  trowfers,  and  in  the 
winter,  ftockings,  arc  given  to  each  prifoner  the 
lad  day  in  every  week.  Flannel  Ihivts  are  general- 
ly furnifhed  them,  particularly  to  fuch  as  are  of 
a  weak  conftitution.  If  a  convi£l  is  imprifoned 
a  fecond  time,  he  is  diftinguifhed  by  a  drefs  one 
half  red  and  the  other  half  blue. 

Diet. — The  food  of  the  prifoners  ufually  con- 
fifts  of  a  breakfajl,  made  of  rye  burnt  and  prepared 
like  coffee,  fweetened  with  molaffes  ;  and  bread 
made  of  equal  portions  of  rye  and  Indian  meal ; 
a  dinner  of  foup  compofed  of  ox-heads  and  of- 
fals, with  potatoes  and  bread ;  and  a  /upper  con- 
fifting  of  mujh  (hafty -pudding)  and  molaffes,  or  of 
Indian  pudding  and  molaffes.  The  foup  fome- 
times  confifts  of  pork  and  peas.  From  the  tenth 
to  the  fixth  month  they  are  furnifhed  with  potatoes. 
In  the  feventh,  eighth,  and  ninth  months,  foup 
made  of  clams,  or  codfifli  and  potatoes,  are  given 
them  every  other  day ;  as  it  has  been  found  that 
a  conflant  diet  of  frefh  provifions  produces  feveral 
diforders  during  the  warm  feafon.* 


*  For  the  fame  reafon  the  quantity  of  mokiires  Is  diinicifhed  during  rhc 
warm  funuaer  aad  fall  months. 


(    40  ) 

The  compofition  and  coft  of  thefe  daily  meals 
may  be  feen  in  the  following  tables. 

No.  I. 

Breakfast,  8th  month  (Auguft)  3d,  i8oa, 


for  235  perfons. 

Ingredients.  Coft. 

Dolls.  Cts. 

1  peck  of  rye,   025 

6j  quarts  of  raolaffes,   1  2 

130  lb.  bread  of  rye  and  Indian,  1  95 

Fuel  ufed  in  cooking,   o  8 


Total    3  30 


One  cent,  4  mills  for  each  perfon. 
No.  II. 

Dinner,  7th  month  (July)  29th,  1800,  for 


225  perfons. 

Ingredients.  Coft. 

Dolls.  Cts. 

17  OX  hearts,   o  93^ 

7  ox  heads,    1  g 

6  lambs  plucks,    O  19 

1  peck  of  potatoes,   015 

3  lb.  Indian  meal,   O  4- 

3  lb.  fait,   o  4j 

^  lb.  pepper,   o  lOj 

1 10  lb.  bread,   1  65 


Fuel  expended  in  cooking,  .  .  o  2.| 
Sundry  herbs  from  the  garden,  . 

Total    4  45 


Nearly  2  cents  for  each  perfon. 


(    41  ) 

The  ox  heads,  &c.  were  fii  ft  boiled,  then  taken 
out  of  the  boiler,  feparated  from  the  bones,  and  cut 
into  fmall  pieces  and  put  into  the  fame  water ;  ajid 
the  whole  kept  over  the  fire  until  fully  done. 
This  dinner  was  very  palatable,  and  much  liked 
by  the  prifoners. 

No.  III. 

Supper,  8th  month  (Auguft)  6th,  i8oo,  for 
2i8  perions. 

Ingredients.  Coft. 

Dolls.  Cts.  Mills. 

36^  lb.   Indian  meal  for  mufh, 

"(hafty  pudding)  O  54  7^ 

i\  lb.  fait,   o  30 

61  lb.  bread  0915 

2  gall.  3  qts.  and  7  gills  raolaffes,  1  79  o 
Fuel   O  80 

3  36  4 

1  cent  5iVt  mills  each  perfon.  Bread  was  ferved  to 
feveral,  on  account  of  its  being  preferred  by  fome 
Europeans. 

No.  IV. 

Dimmer,  8th  month  (Auguft)  3d,  1800,  for 


215  perfons. 

Ingredients.  Coft. 

Dolls.  Ct5. 

56  lb.  fait  pork,   4  8 

2\  bulhels  of  potatoes,   172 

103!^  lb.  bread,   1  55 

Fuel,   o  24 


7  59 

2  J  cents  each  perfon. 
F 


j 

(     42  ) 

No.  V. 

Dinner,  8th  mo.  (Auguft)  8tb,  1800,  for  218 


pejfons. 

Ingredients.  Coft. 

DoUs.  Cts. 

16  OX  heads,  at  1/3   2  50 

2  lb.  fait,   o  2 

125  lb.  bread,    i  87 

i  lb.  pepper,   o  10 

Fuel,   o  24 


4  73 


nearly  2  cents,  2  mills  each  perfon. 
Recapitulation. 

Dolls.  Cts. 

Breakfaft,  rye  coffee  and  bread,  •  •  3  30 
Dinner,  ox  head  foup,  (no  potatoes)  4  73 
Supper,  mufh  and  molalTes  and  bread,  3  36 

Total     11  39 

or  5  cents  and  2  mills  each  perfon. 

No.  VI. 

Supper,  8th  month  (Augufl)  6th,  1800,  for 


235  perfons — Indian  pudding. 

Ingredients.  Coft. 

DolJs.  Cts. 

78  lb.  Indian  meal,  1*7 

ig^  lb.  or  7  quarts  molafles,   .  .   1  9 

lb.  fuel,  o  69 

2  lb.  fait,  o  2 

Fuel  o  8 

16  gall,  water  

3  5 


The  above  was  boiled  fix  hours,  and  made  235  lb. 
pudding,— about  1  cent  3  mills  each  perfon. 


(  43  ) 
No.  VII. 

Dinner,  8th  month  (Auguft)  7th,  1800,  for 


218  perfons. 

Ingredients.  Coft. 

Dolls.  Cts.  Milk 

42  lb.  dried  codfifh,    1  41  o 

2  bufticls  and  3  pecks  potatoes,  .  1720 

6  lb.  of  {kimmings  of  the  foup,  o  75  o 

-  lb.  pepper,   o  10  o 

103  lb.  bread,    1  54  5 

Fuel,   0120 


5  64  5 

Nearly  2  cents  7  mills  each  perfon. 

No.  VIII. 
nth  month  (November)  3d,  1801,— 

Weighed  145  lb.  Indian  meal, 
287  lb.  rye  do. 

432  lb. 

C.  qr.  lb.  DolkCts, 

Cost. —  115  Indian  meal  at  16/!  .  2  58 
227  rye      do.    at  27/.  .   8  64 

11  22 


The  above  432  lb.  rye  and  Indian  meal  made 
327  loaves  of  bread,  of  2^  lb.  each,  or  735  lb. 
which,  at  i-j  cts.  per  lb.  is  ii  dolls.  44  cts, 
or  327  loaves  at  3^  cts.  each  is  n  dolls.  44  cts. 
The  fuel,  i  of  a  load  pine  wood,  coft  34  cts. 


(    44  ) 


No.  IX. 

nth  month  (November)  3d,  1801, — Break- 
fast for  315  perfons. 

Ingredients.  Cofi:. 

Dolls.  Cts. 

1  peck  rye  burnt  and  prepared  like 

coffee,   o  23 

7  quarts  and  1  pint  molaffes,    .  .  1  5 

110  loaves  bread,  or  z^j^  Ih.  at 

i|-  cents,  ...........  371 

Fuel,    o  8 


5  7 


Or  1  cent  6Ar  mills  each  perfon. 
No.  X. 

nth  month  (November)  6th,  i8oi, — Dinner 


for  315  perfons. 

Ingredients.  Coft. 

Dolls.  Ctt, 

27  ox  heads,  at  if6   5  6 

5  lb.  fait,    o  7 

~  lb.  pepper,    O  9 

22  lb.  Indian  meal,   o  40 

86  loaves  bread,  or  193^  lb.    .  .  2  go 

2^  bulhels  potatoes,  at  2/2.    ...  075 

Fuel,    o  24 


9  5* 


Or  3  cents  each  perfon. 


(   45  ) 


No.  XI. 

11th  month  (November)  6th,  i8oi, — Supper 
for  315  perfons. 

Dolls.  Cts. 

52  lb.  Indian  meal  in  mufli  or 

hafty  pudding,  O  94 

5  lb.  fait,   o  7 

30  loaves  bread,  or  6^^  lb.   ...  i  1 

10  quarts  molaffes,  1  45 

Fuel,   o  8 

3  55 

Or  1  cent  1  mill  each  perfon. 
Recapitulation. 

Dolls.  Cts. 

Breakfaft,  No.  9,  rye  coflFee  and  bread,  5  7 
Dinner,  No.  10,  (oup  with  potatoes,  .  9  51 
Supper,  No.  1 1 ,  mufh,  molaffes  &  bread,  3  55 
Fuel  to  heat  water  for  waftiing  diflies,  .  o  8 

Total  18  21 

Or      cents  each  perfon. 

In  all  the  above  tables,  Indian  meal  is  eftimated 
at  i4y!  a  i6f.  percwt. — Rye  meal  2yf.  percwt. — 
Molaffes  p^/.  per  gallon — Salt  pork  7d.  per  lb. — 
Ox  heads  igd.  a  i8d.  each — Potatoes  in  the  fum- 
mer  months  p^f.  and  in  the  autumn  2y2.  per  bu- 
fhel.  In  the  fummer,  men  eat  much  lefs  than  in 
the  autumn  and  winter,  as  is  obvious  from  a 
comparifon  of  the  above  tables. 


(    46  ) 


It  will  be  feen,  from  the  preceding  experiments, 
how  much  the  Infpe6lors  have  profited  by  the 
fafts  and  reafonings,  on  the  important  fubjefls  of 
food  and  fuel,  contained  in  the  EJfays  of  Count 
RuMFORD.  And  it  is  with  fmcere  pleafure  that 
they  are  able  to  ftate,  that  the  experiments  of 
that  truly  philofophic  and  benevolent  man  on  the 
economy  of  food,  and  management  of  fire,  have  been 
fully  verified  in  the  kitchen  of  the  New- York 
State  Prifon.  So  fully  have  thofe  objefls  been 
exhibited  by  him,  that  it  would  be  needlefs  to  re- 
peat what  he  has  fo  well  elucidated,  or  to  antici- 
pate the  fpeculations  of  the  curious  and  philofo- 
phic reader  on  thofe  intcrefting  topics.  Yet  it  may 
be  proper  to  obferve,  that  two  articles  of  food  not 
noticed  by  the  Count,  have  been  introduced  into 
the  State  Prifon,  and  which  merit  attention  on  ac- 
count of  their  extreme  cheapnefs.  Thefe  are, 
heads  of  oxen  for  foup,  and  rye  prepared  in  imita- 
tion of  coflFee.  No  part  of  beef  makes  a  foup  fo 
rich,  palatable,  and  nutritious  as  the  head,  when 
properly  cooked.  Rye,  when  roafted  and  pre- 
pared in  a  fimilar  manner,  it  is  believed,  is  much 
more  nutritious  and  healthful  than  coffee.  It  has 
been  univerfally  relifhed  by  the  convifls,  who  ap- 
pear much  pleafed  with  it,  and  with  their  foup. 

Though  the  abundance  of  the  articles  of  food  in 
this  country  may  render  individuals  Icfs  difpofed 
to  fludy  the  fcienu  of  mlrition  and  the  economy 
of  diet  and  fuel,  yet  its  great  importance  in  all 
public  eftablifhments  for  the  poor,  or  for  prifoners, 
cannot  be  too  often  exhibited.  Large  fums  of  mo- 
ney now  drawn  from  the  people  in  taxes  for  the 


(    47  ) 


poor,  or  by  appeals  to  their  charity,  are  wafted 
for  want  of  an  enlightened  fyftem  of  economy  in 
thofe  to  whom  their  diftribution  is  entrufted.  By 
diminifhing  the  expenfe  of  diet  and  fuel,  and 
giving  aftivity  to  the  powers  of  induftry,  every 
eftablifhment  of  this  kind  can  be  made  to  fupport 
itfelf;  fociety  be  thereby  relieved  from  a  perpetu- 
ally increafing  burden^  while  the  moral  and  phyfical 
condition  of  the  indigent  and  vicious  may  be 
greatly  improved. 

Fuel.  —  For  near  two  years  after  the  prifon 
was  firll  opened  for  the  reception  of  convidls,  their 
food  was  cooked  in  kettles  made  of  call  iron,  with 
round  bottoms,  and  fixed  up  in  the  ordinary  form. 
The  wood  expended  in  that  mode  of  cooking  for 
125  perfons  cod  2  dollars  75  cents  a  day.  The 
laft  year,  a  perfon  having  been  found  who  could 
conftruft  a  kitchen  on  the  plan  recommended  by 
Count  RuMFORD,  copper  kettles  with  flat  bot- 
toms were  put  up  in  the  manner  direfted  by  the 
Count.  By  this  alteration,  and  the  ufe  of  coals  in- 
flead  of  wood,  the  expenfe  of  fiael  in  cooking  for 
315  perfons  was  reduced  to  50  cents  a  day ;  or 
from  22  mills  to  i||.i.mill  each  perfon  per  day.  A 
further  faving  has  been  made  by  ufing  fine  coals, 
or  pulverizing  them  and  mixing  them  with  clay  in 
the  form  of  balls,  as  recommended  by  Rumford ; 
by  which  means  the  fine  coal  which  falls  through 
the  grate,  and  is  ufually  loft  with  the  afties,  is  now 
wholly  confumed. 

Hospital.— -A  phyfician  is  appointed  by  the 
Infpeftors  to  attend  the  jjrifon,  and  is  allowed  an 


(   48  ) 

annual  falary  of  two  hundred  dollars.  A  large 
and  airy  apartment,  on  the  fecond  floor  of  the  north 
weft  wing  of  the  prifon,  is  appropriated  to  an  fiof- 
pital,  where  the  fick  are  conveyed,  if,  in  the  opi- 
nion of  the  phyfician,  they  need  medical  aid. 
As  the  prifon  is  fituated  in  a  diftant  part  of  the 
city,  and  accidents  may  fometimes  happen  which 
demand  immediate  medical  affiftance,  a  fuitable 
perfon  is  provided  by  the  phyfician,  to  refide  con- 
ftantly  in  the  prifon,  in  the  capacity  of  an  apothe- 
cary. He  is  allowed  diet  and  lodging.  He  pre- 
fcribes  for  the  fick,  if  necelTary,  in  the  abfence  of 
the  phyfician.  Fit  perfons  are  fclefled  from  the 
prifoners  as  nurfes,  and  are  under  the  dirc6lion  of 
the  apothecary.  The  phyfician  vifits  the  fick,- and 
prefcribes  for  them  twice  in  each  week,  or  oftener, 
if  their  difeafes  require  greater  attention.  Any 
changes  in  diet,  drefs,  or  employment,  which  he 
may  think  neceflary  to  the  general  health  of  the 
prifoners,  are  reprefented  by  him  in  writing  to  the 
Infpeftors,  to  be  confidered  by  them,  and  carried 
into  efFedt  fo  far  as  may  be  confiftcnt  with  the 
principles  and  obje6ls  of  the  inftitution. 

Under  the  direftion  of  the  phyfician,  the  apo- 
thecary keeps  a  book,  in  which  are  inferted  the 
names  of  the  fick,  their  ages,  occupations,  and  dif- 
eafes, the  commencement  and  duration  of  their  ma- 
ladies, the  termination  of  them,  the  number  cured, 
relieved,  or  whofe  cafes  terminate  fatally.  He  alio 
regifters  the  nature  and  quantity  of  medicines  ad- 
miniftered,  and  the  diet  and  general  regimen,  in- 
cluding cloathing,  prefcribed  by  the  phyfician. 


(    49  ) 

Means  for  warm  and  cold  bathing  are  provided, 
and  a  machine  for  the  purpofe  of  affording  exercifc 
to  thofe  who  are  confined  to  the  hofpital.  Thofe 
who  are  capable  of  taking  exercife  in  the  open  air, 
aie  permitted  to  do  fo,  under  the  direftion  of  the 
apothecary. 

A  feparate  kitchen  is  provided  for  the  hofpital, 
called  the  hoffital-kilchen,  upon  the  ground  floor 
of  the  fame  wing,  where  diet  for  the  fick  is  pre- 
pared. This  is  committed  to  the  management 
of  a  fuitable  perfon  chofen  from  among  the  pri- 
foners.  In  this  kitchen,  three  copper  boilers  of 
an  oval  form  with  flat  bottoms,  are  put  up  in  the 
manner  recommended  by  Count  R  u  m  f  o  r  d.  The 
largeft  contains  twelve  gallons,  the  others  about 
feven  gallons  each.  One  bufhcl  of  coal,  which 
cods  36  cents,  is  all  the  fuel  wanted  in  this  kitchen 
for  one  week,  and  befides  cooking,  heats  the  wa- 
ter that  may  be  necefC\ry  in  the  hofpital^  About 
twenty- five  perfons,  on  an  average,  are  fed  from 
this  kitchen  each  day. 

Many  of  thofe  who  came  into  the  prifon  with 
conftitutions  greatly  impaired  by  exceflive  drink- 
ing, debauchery,  and  vicious  habits,  after  being 
fome  time  ufed  to  the  fyftem  of  temperance,  order, 
and  induftry  eftablifhed  in  the  prifon,  have  be- 
come healthy  and  vigorous. 

The  difeafes  which  have  prevailed  in  the  prifoit 
may  be  fcen  in  the  table  annexed. 


G 


(    50  ) 

Reformation. — The  end  of  human  punifli- 
ments  is  Lhe  prevention  of  crimes.    In  the  endea- 
vour to  attain  this  end,  three  things  arc  to  be  con- 
fidered ;  the  amendment  of  the  offender ;  the  de- 
terring of  others  by  his  example ;  reparation  to  fo- 
ciety  and  the  party  injured.     Of  thefe  objefls, 
the  firft  without  doubt  is  of  the  highefl.  importance. 
Society  cannot  be  better  fecured  againft  crimes, 
than  by  eradicating  the  evil  paflTions  and  corrupt 
habits  which  are  the  fources  of  guilt.    The  ope- 
ration of  punifhment  as  a  terror  to  others,  is  gene- 
rally confidered  as  momentary  and  uncertain  in  its 
elFc6ls ;  for  men  are  often  found  fo  regardlefs  of 
the  future,  as  to  perpetrate  crimes  at  the  inftant 
they  are  witneffing  the  moft  dreadful  execution  of 
a  criminal  for  a  fimilar  offence.    The  punifhment 
of  death  precludes  the  pofTibility  of  the  amendment 
of  the  criminal  by  any  human  means.   Every  hope 
of  reformation  is  at  once  cut  oflF  without  a  fingle  ef- 
fort to  accomplifh  fo  juft  and  benevolent  a  purpofe. 
Society  and  the  injured  party  are  indeed,  in  the 
ftrifteil  fenfc,  avenged  on  the  head  of  the  guilty 
offender.   Juflice,  however^  not  revenge,  is  the  true 
foundation  of  the  right  of  punifhment.    But  it  is 
not  the  defign  of  the  prefeut  work  to  difcufs  the 
principles  of  a  code  of  criminal  law,  or  to  point 
out  the  errors  which  have  been  perpetuated  by  the 
palTions  or  ignorance  of  legiflatbrs. 

If  fociety  is  eflfeclually  fecured  againft  future 
mifchief  by  the  impriConment  of  the  ofFender,  it  is 
that  mode  of  punifhment  alfo  which  affords  llic 
only  chance  of  reclaiming  him  from  evil.  It  j> 
by  confinement  to  hard  labour  in  a  penitentipiy 


(    51  ) 

houfe,  that  the  primary'  and  legitimate  purpofe  of 
human  punifhment  is  to  be  cflFefted.  The  clia- 
racters  of  men  are  endlefsly  diverfified,  and 
their  motives  and  a£lions  aflume  a  thoufand  dif- 
ferent hues.  In  conCdering  convifls,  we  may, 
in  "eneral,  diftinouifh  them  into  three  claffes : 
Men  grown  old  in  habits  of  profligacy  and  vio- 
lence, unfeeling  and  defperate  offenders,  who  dif- 
cover  no  figns  of  contrition,  and  yield  little  hope 
of  amendment :  thofe  who  in  early  life  have 
received  a  moral  and  religious  education,  and, 
though  afterwards  led  by  paflion  and  evil  example 
into  the  commiflion  of  crimes,  flill  retain  fome 
fenfe  of  virtue  :  thofe  who,  having  fuftained  a 
fair  reputation,  are  arretted  for  the  firfl  public  of- 
fence, before  they  have  become  familiar  with  vice ; 
who  wifhed,  perhaps,  to  return  to  the  path  of  vir- 
tue, but  had  not  energy  enough  to  retrace  their 
ftcps. 

In  forming  an  opinion  of  the  depravity 
of  convicts,  nothing  can  be  more  unjull  than 
to  confound  thefe  different  claffes  in  the  fame 
judgment.  All  were  once  innocent;  but,  blinded 
by  paflion,  allured  by  prefent  temptation,  they 
have  miftaken  their  true  intereft,  and  been  gradu- 
ally led  into  the  depths  of  vice  and  criminality. 
In  defignating  punifhments  for  various  offences, 
the  legiflator  can  regard  only  tlie  tendency  of  ac- 
tions to  injure  fociety,  and  diftribute  thofe  punifli- 
ments  according  to  the  comparative  degrees  of  harm 
fuch  actions  may  produce.  He  cannot  forefee  thofe 
circumftances  in  the  moral  condition  of  the  agent 
which  may  juftly  leffen  or  aggravate  his  guilt;  and, 


(  52  ) 

by  the  wife  conflitution  and  jealous  policy  of  our 
laws,  judges  are  not  vcfled  with  any  difcretionary 
power  to  apportion  the  punifhmcnt  according  to 
a  greater  or  lefs  criminality  of  intention  in  the  of- 
fender. It  is  in  a  penitentiary  houfc,  that  an  op- 
portunity is  afforded  of  diRinguifliing  the  fhadcs 
of  guilt  in  different  offenders,  and  cf  corrccling 
that  error  and  injuflicc,  in  fome  degree  infeparable 
from  the  befl  fy flcm  of  laws,  by  which  perfons, 
whofe  guilt  admits  of  different  degrees,  are  fub- 
jefted  to  the  fame  punifhment.*  It  is  for  thofe 
to  whom  the  fuperintendence  of  fuch  an  inflitution 
is  intruflcd,  to  cfTcft,  as  far  as  pofPible,  the  amend- 
jnent  of  the  delinquent,  and  thus  to  fulfil  the  high- 
eft  duty  of  humanity.  And,  it  is  with  no  fmall 
pleafure  that  the  Infpeclors  have  obfcrved,  that 
a  number  of  thofe  who  have  been  difchargcd  from 
the  prifon  confided  to  their  care,  have  continued 
in  habits  of  induflry  and  fobriety,  and  bid  fair  to 
become  good  members  of  fociety.  It  would,  no 
doubt,  be  interefling  to  the  philanthropift,  to  be 
informed  of  the  particular  incidents  in  the  lives  of 
fuch  men,  and  the  circumflances  which  have  fur- 
iiifhed  ground  to  predift  the  reftitude  of  their  fu- 
ture conduft.  But  this  would,  in  fome  degree, 
lead  the  writer  beyond  his  immediate  objetl;  and 
motives  of  prudence  and  chanty  ought,  perhaps, 
to  induce  him,  for  the  prefent,  to  forbear  fuch  a 
recital. 

*  This  topic  may  be  enlarged  upon  In  the  conclufion,  when  we  come  to 
fpeik  of  pardtin.  It  would  greatly  aflift  tht  Infpedlors  in  the  juft  «rxereife 
of  thi;ir  power,  if  the  judges  who  fcntencc  convidts  were  required  to  fur- 
uifli  a  ftatcmeiit  of  all  the  circumftances  that  attended  the  trial,  or  which 
may  have  come  to  tlicir  knowledge,  and  which  may  ferve  to  render  the 
guilt  of  the  convi(51,  iii  their  ojiinion,  more  or  It-fs  aggravated. 


(    53  ) 

The  mofl  euicaclous  means  of  reformation  are  to 
be  found  in  that  fyflem  of  regular  labour  and  exa6l 
temperance  by  which  habits  of  induftry  and  fo- 
briety  are  formed.  The  Infpeftois  have  not  been 
unmindful  of  other  means  of  amendment,  lefs  im- 
mediately conne6led  with  the  nature  of  the  punifh- 
ment  to  which  the  convifts  are  fentenced.  By 
the  great  attention  paid  to  dcanlinefs  in  every  part 
of  the  prifon,  they  have  fhewn  their  opinion  of  its 
importance  in  aiding  reformation.  Its  benign  in- 
fluence on  the  phyfical  charafter,  though  well  un- 
derflood  by  many,  is  not  duly  eflimated  by  the 
bulk  of  mankind.  Though  its  efFeft  on  bodily 
health  be  more  obvious,  its  lefs  ftriking  but  equal- 
ly certain  efFeO;  on  the  mind  has  been  no  where 
more  fully  experienced  than  in  this  prifon.  It  is 
found  to  foften  the  temper,  meliorate  the  difpo- 
iition,  and  to  produce  a  regard  to  temperance,  or- 
der, and  induftry ;  and,  by  exciting  more  agreea- 
b]f  and  tranquil  fenfations,  to  render  men  fufcep- 
tible  of  good  impreflions,  and  thereby  conduce  to 
their  future  amendment.* 

In  the  winter,  thofe  of  the  convifls  who  have 
appeared  to  be  moft  meritorious,  are  allowed,  with 
the  approbation  of  the  keeper,  to  be  taught  reading, 
writing,  and  arithmetic.  Teachers  are  felefted  from 
fuch  of  them  as  are  competent,  and  twenty  are  per- 
mitted to  meet  together  daily  with  one  of  the  keepers, 

•  Count  RUMf ORD,  (Vol  I.  page  34.)  in  his  Effays.  fpeaking  of  the 
good  efFe(fts  produced  on  the  mendicants  in  the  Houfs  of  Induftry  at  Mu' 
Kkb,  by  cleanlinefs,  fays  that  "  -virtue  never  dwelt  long  with  filth  and  naf- 
jinefs ;  nor  do  I  believe  there  ever  was  a  perfon  firufuloiify  atterJht  to 
"  dcanlir.^fi,  who  was  a  ccnfucimate  villain." 


(    54  3 


and  to  receive  inftruclion  for  about  two  hours  in 
the  evening.  This  is  confidered  as  a  privilege, 
and  conferred  on  thofe  only,  who,  by  a  peaceable, 
induftrious,  and  regular  courfe  of  conduft,  have 
fbewn  a  difpofition  towards  reformation.  It  is  a 
further  requihte  for  an  admiflion  into  this  fchool, 
that  the  perfon  fhould  have  performed  labour 
above  his  tafk  to  the  value  of  four  Ihillings  a  week, 
which  is  to  pay  for  the  implements  of  writing, 
light,  and  fuel. 

Care  is  taken  as  far  as  pofTible  to  fcparate  the 
lefs  vicious  from  the  more  hardened  and  daring 
oflFenders.  About  twenty-two  of  the  moft  obdu- 
rate criminals  are  kept  confined  and  at  work  in  fe- 
parate  apartments,  and  are  not  fufFcred  to  come 
out,  or  to  have  communication  with  other  pri- 
foners,  but  are  conftantly  watched  by  keepers 
day  and  night.  Experience  will  evince,  that 
among  any  given  number  of  convifls,  one  tenth 
part  may  be  fairly  confidered  as  dcfperate  and 
hardened  villains,  who  appear  incorrigible;  and 
it  is  of  importance  that  fuch  fhould  be  carefully 
feleded  and  feparated  from  the  reft,  as  it  is 
more  probable  they  may,  by  proper  management, 
be  reformed. 

As  another  means  of  reformation,  attention  is 
paid  to  their  religious  and  moral  inftruftion. 

A  large  room  in  the  prifon,  very  neatly  finifiied, 
is  fet  apart  for  the  purpofe  of  divine  worfhip. 
This  room  and  the  gallery  round  it  will  accom- 
niodate  about  fix  hundred  perfons. 


(    55  ) 

In  this  place  the  prifoncrs  are  aflembled  on  the 
firft  day  of  each  week,  when  one  of  their  number 
reads  a  fermon  and  prayers,  and  the  reft  join  in 
■  finging  pfalms. 

It  is  expected  that  the  public  preachers  of  the 
gofpel  in  the  city  will  cheerfully  devote  a  fmall 
portion  of  their  time  to  the  fervice  of  thefe  un- 
happy beings,  who  have  fo  much  need  of  their 
inftru6t!on,  and  of  the  counfel  of  the  truly  good 
and  benevolent. 

As  no  diftin£lion  of  fe6t  exifls  in  this  great 
work  of  charity  and  benevolence,  it  is  hoped  that 
religious  chara6lers  of  every  Chriftian  denomina- 
tion will  feel  it  their  duty  to  vifit  them  on  the 
day  fet  apart  for  divine  worfhip ;  fmce  it  is  ob- 
vious that  a  due  attention  to  this  important  duty 
muft  produce  the  moft  falutary  eflFefts  on  the 
minds  and  condu6l  of  the  prifoners,  and  moft 
powerfully  promote  the  great  plan  of  reforma- 
tion.* 

Connefled  with  this  fcheme  of  puniftiment  and 
reformation,  is  another  obje6l,  which,  though  of 
inferior  importance  in  a  moral  view,  is  yet  de- 
I'erving  of  attention.  This  is,  indemnity  to  the 
community  for  the  expenfe  of  the  conviftion  and 
maintenance  of  the  offender.  It  is  highly  proba- 
ble, that,  with  due  management  and  economy, 
the  profit  of  the  labour  of  the  convifts  may  be 
rendered  equal  to  their  fupport.    Such  a  refult, 

*  "  As  rational  and  inaniortal  beings  we  owe  this  to  them,  nor  can  anjr 
"  criauimUty  of  theics  jaftify  cur  neglecl  in  this  particuJar."  Howard, 


C  56  ) 


however,  has  not  been  anticipated  by  the  zealous 
friends  of  reform  in  penal  law  in  Europe.  They 
have  regarded  it  as  the  indifpenfable  duty  of  legil- 
lators,  to  meliorate  the  laws,  and  correal  the  abuft>s 
of  prifons,  without  counting  the  coft  of  their  juf- 
tice  or  humanity.  In  Pennsylvania,  we  are 
affured,  that  the  experiment  has  been  attended 
with  fuccefs; — and  when  the  improved  fyftem  of 
the  penitentiary  houfe  of  this  State  has  had  time 
to  operate  fully,  there  can  be  no  doubt  of  a  refuk 
equally  favourable.  It  ought  to  have  fair  fcope, 
and  not  be  thwarted  in  its  infancy,  by  diflruft,  or 
the  felfilh  views  of  individuals  or  particular  claffes 
of  men.  A  wife  legiflature  will  extend  its  con- 
cern to  the  whole  community,  and,  regardlefs  of 
private  interefts,  fleadily  purfue  a  plan  the  beft 
calculated  to  promote  the  general  good. 

In  the  firfl  eflabliflament  of  the  prifon,  the  In- 
fpeftors  have  had  to  encounter  all  the  difficulties 
of  a  new  experiment,  with  the  difadvantage  of 
imperfeft  knowledge  in  many  branches  of  manu- 
f^fture.  A  fyftem  was  to  be  formed,  by  which 
above  two  hundred  convifls,  many  of  them 
hardened,  defperate,  and  refraftory,  and  many 
ignorant,  or  incapacitated  through  infirmity  or 
difeafe,  might  be  brought  into  a  regular  courfe 
of  productive  labour.  To  find  fuitable  employ- 
ment for  fo  many  perfons,  was  a  matter  of  confi- 
derable  difficulty.  In  the  choice  of  occupations, 
regard  mull  be  had  to  thofc  which  require  the 
leaft  capital,  are  niofl.  productive  of  profit,  and 
moft  confiftent  with  the  health  of  the  conVi£ls 
and  the  general  fecurity  of  the  prifon.  Among 


(    57  ) 


the  different  kinds  of  manufactures,  that  of  fhoes 
was  firft  introduced,  and  has  been  found  the  moft 
convenient  and  profitable.  The  capital  required 
for  the  purchafe  of  the  raw  materials  is  not  large, 
and  the  manufaftured  article  will  always  meet 
with  a  ready  fale ;  fince  the  confumption  of  fo  in- 
difpenfable  a  part  of  drefs  is  great,  and  continually 
increafing,  beyond  the  power  of  the  tradefmen  of 
the  city  to  fupply.*  The  manufa6lure  of  nails 
and  other  articles  has  been  carried  on  for  about 
two  years.  This  required  more  capital ;  and  it 
was  not  until  very  lately  that  fufEcient  experience 
was  gained,  in  the  purchafe  of  ftock  and  the  ufe  of 
machinery,  to  enable  the  Infpeftors  to  manage  this 
branch  of  bufinefs  with  advantage.  Thefe  circum- 
ftances,  and  many  others  that  might  be  detailed, 
which  neceffarily  attend  an  infant  eflablilhment, 
and  which  diminifhed  the  profits  of  the  pad  years, 
will,  in  future,  ceafe  to  produce  expenfe  and  em- 
barraffment.  It  is  doubtful,  whether  the  manu- 
faflure  of  nails,  and  of  feveral  other  articles,  oughc 
to  be  carried  on  to  a  great  extent,  as  they  require 
too  large  a  capital  in  advance.  Experience  will 
furnifh,  every  year,  grounds  for  improvement  ia 
the  mode  of  conducing  the  branches  of  induftry, 
or  in  the  introduflion  of  more  advantageous  kinds 
of  labour ;  and  there  is  every  reafon  to  believe, 
that,  with  a  competent  capital,  the  bufinefs  may 
be  rendered  fo  productive  as  to  defray  the  ex- 
penfes  of  conviction  and  maintenance  of  the  pri- 
Ibners.    Calculations,  however,  founded  on  the 

*  I-argc  quintitiej  of  (hoes  have  heretofore  been  brought  from  New. 
Jeriiy  and  the  eaftem  Statet,  and  fold  in  New- York. 


H 


(   68  ) 

ftatements  of  the  paft  year,  will  not  furnifh  ade- 
quate means  of  judging  with  certainty  of  the  future 
profits  which  may  be  made  to  arife  from  the  la- 
bour of  the  convifts.  The  accounts  and  eftimates 
fubjoined,  will  enable  the  intelligent  reader  to 
form  his  own  opinion  of  the  progrefs  of  the  efta- 
bliftiment  thus  far,  and  to  frame  a  more  fatisfaftory 
conjefture  as  to  its  ultimate  fuccefs. 

That  the  number  of  convifts  has  increafed  fince 
the  ereftion  of  the  State  Prifon,  is  evident  from 
the  tables  in  the  appendix.  But  to  infer  from  that 
faft,  that  the  new  and  milder  fcheme  of  punilh- 
ment  has  been  lefs  efficacious  in  preventing  crimes 
than  the  old  and  fanguinary  fyftem,  would  be  a 
moft  partial  and  erroneous  conclufion.  The  true 
caiifes  of  this  increafe  of  crimes  are  the  rapid 
growth  of  our  population  and  wealth ;  the  con- 
fequent  luxury  and  corruption  of  manners,  par- 
ticularly in  the  capital  of  the  State ;  and  the  great 
number  of  indigent  and  vicious  emigrants  from 
Europe  and  the  Wefl-Indies,  driven  hither  by  the 
difordered  and  diflrefsful  condition  of  their  native 
countries,  or  to  efcape  the  vengeance  of  the  laws.* 

More  than  three  fourths  of  the  whole  number 
of  crimes  are  committed  in  the  city  of  New- York. 
Its  population  has  almoll  doubled  in  ten  years, 
and  the  increafe  of  its  trade  and  wealth  is  un- 
equalled in  the  hiftory  of  commercial  ftates.  It 
is  certain  alfo,  that  under  theprefent  fyftem  of  pu- 
nifhment,  a  much  lefs  number  of  offenders  efcape 


*  Sec  Appcndijc,  pajc  85. 


(   59  ) 


conviftion.  Individuals  do  not,  from  a  fenfe  of 
the  terrible  confequences  to  the  party,  refufe  to 
profecute;  nor  juries,  from  motives  of  compalEon, 
forbear  to  convift  the  guilty.  This  is  a  mofl  falu- 
tary  confequence  of  the  melioration  of  our  penal 
laws. 

The  corruption  of  morals  engenders  thofe  crimes 
which  pollute  fociety,  and  undermine  the  fecurity 
of  life  and  property.  It  is  the  duty  of  government 
to  begin  at  the  fource,  and  to  endeavour,  by  every 
rational  and  prafticable  expedient,  to  prevent 
crimes,  rather  than  to  apply  the  painful  and  un- 
certain remedy  of  punifhment  to  evils  grown 
formidable  by  negligence.  It  is  in  vain,  un- 
der the  beft  devifed  plan  of  puniftiment,  to  ex- 
peft  that  crimes  fhould  be  diminilhed  or  extenni- 
nated,  if  laws  are  not  framed  to  check  the  progrefs 
of  vice,  and  to  arreft  the  firft  fteps  of  guilt. 

It  is  well  known,  that  the  greater  number  of 
crimes  originate  in  the  irregular  and  vicious  ha- 
bits produced  by  intoxication,  and  by  the  idle, 
low,  and  diflipated  praftices  encouraged  in  taverns 
and  tippling-houfes.  There  are  few  criminals 
whofe  gradual  depravation  cannot  be  traced  to 
this  fource.  It  is  well  afcertained,  that  in  this 
city  there  are  more  than  1200  taverns  or  fhops, 
where  fpirituous  liquors  are  retailed  in  drams  or 
in  the  form  of  grog.  In  eight  or  ten  confideiable 
ftreets,  one  fourth  part  of  the  whole  number  of 
houfes  are  taverns  and  groceries,  or,  in  other 
words,  dram-JJiops.  The  number  of  taverns  is  un- 
limited by  law.    By  the  city-charter,  the  power  of 


(   6o  ) 

granting  licenfes  is  vefted  in  the  mayor,  vrho  is  the 
folc  judge  of  the  propriety  of  granting  them,  or 
of  their  number.  Thirty  fliillings  are  paid  for  each 
liccnfe,  four  fifths  of  which  fum  goes  into  the  city- 
treafury,  and  the  refidue  to  the  mayor.  While 
a  revenue  is  derived  to  the  corporation  from  thefe 
licenfes,  it  is  not  to  be  expefted  that  there  will  be 
much  folicitude  to  leffen  their  number,  or  to  exa- 
mine minutely  into  the  merits  of  the  applicants 
for  them.  Some  regulations  ought  to  be  adopted 
for  the  reformation  of  the  police  in  this  refpcft. 
Grocers  ought  to  be  flriftly  prohibited  from  re- 
tailing liquors  in  drams.  The  number  of  taverns 
ought  to  be  greatly  diminifhed.  Licenfes  fhould 
not  be  granted  but  to  perfons  who  are  recom- 
mended by  five  known  and  refpeftable  citizens, 
and  under  much  larger  penalties  than  at  prefent, 
to  enforce  their  obfervance  of  the  laws.*  At  pre- 
fent, the  temptation  to  the  indigent  and  labouring 
claffes  of  people  to  indulge  in  drink  is  fo  power- 
ful, and  the  gratification  fo  eafy,  at  every  turn  of 
the  ftreet,  that  the  greater  number  fpend  a  large 
portion  of  their  time  and  earnings  in  repeated  in- 
dulgences of  this  depraved  appetite,  during  the 
day,  and  return  to  their  families  in  a  ftatc  of  par- 
tial or  complete  intoxication.  The  pernicious 
confequences  of  I'uch  habits,  to  the  individual  and 
to  fociety,  are  too  flriking  to  need  any  elaborate 
defcription,  to  enforce  the  propriety  of  adopting 
every  fuitable  means  of  legiflative  and  municipal 
regulation,  for  their  prevention. 

*  In  the  town  of  Boston  tliere  are  Jxfiy  taverns  or  perfons  licenfed  to 
vctail  licjuors  in  fmall  ijuaiitities.  'I'hrcc  or  four  times  that  numljer,  oiit; 
wouU  iiuagine,  v/ould  bs  more  tUaa  fufltcitiit  for  tkU  city. 


(  61  ) 

A  further  fource  of  vice  and  criminality  is  to 
be  found  in  the  horfe-races  which  regularly  take 
place  in  New- York  and  fome  of  the  neighbouring 
counties.  Thefe  draw  together  crowds  of  people, 
who  engage  in  wagering,  all  kinds  of  games  of 
chance,  and  in  debauchery,  which  produce  habits 
that  lead  to  the  ruin  of  many,  and  drive  numbers 
to  the  commiffion  of  crimes.  Horfe-races,  billiard- 
tables,  and  all  games  of  chance,  ought  to  be  ftrift- 
ly  prohibited.  Baiting  of  animals  with  dogs,  and 
every  fpecies  of  amufement  which  may  tend  to 
harden  the  heart,  and  render  the  manners  of  the 
people  ferocious,  ought  to  be  prevented  by  a  well 
regulated  police.  Laws  are  made  for  the  prelerva- 
tion  of  decency  and  order  on  the  firft  day  of  the 
week;  and  it  remains  only  to  have  them  more  faith- 
fully executed.  Perhaps  there  is  no  city  of  equal 
extent,  where  fewer  crimes  efcape  deteflion  and  pu- 
nifhment,  or  where  greater  order  and  tranquillity 
prevail.  Too  much  praife  cannot  be  beftowed  on 
thofc  to  whom  the  peace  and  fafety  of  our  city  is 
entruftcd,  for  their  unwearied  attention  and  vigi- 
lance in  the  difcharge  of  duties,  the  extent  and 
importance  of  which  are  not  generally  underfiood 
or  fully  eflimated.  But,  notwithllandmg  the  im- 
proved ftate  of  our  police,  and  the  care  of  our 
magiflrates,  every  year  furnifhes  new  objects  of 
attention,  evils  which  demand  additional  remedies, 
and  more  powerful  reafons  for  devifmg  and  apply- 
ing them  in  the  beft  and  moll  effeftual  manner. 

Another  objecl,  more  immediately  connefted 
with  the  fubjetl  of  this  work,  is  the  prelent  mode 
of  punifhmcnt  for  petty  crimes.    The  only  pri- 


(    6^  ) 


fon  in  this  city  for  the  puniftiment  of  thofe  con- 
vi6led  of  fmall  thefts  and  other  petty  offences,  is 
the  Bridewell,  part  of  which  is  alfo  appropriated 
to  the  fafe  keeping  of  prifoners  before  their  trial  or 
convi6lion.  At  prefent,  vagrants,  diforderly  pcr- 
fons,  and  convifts  for  petty  offences,  are  confined 
in  this  prifon ;  and  are  put  into  rooms  together, 
without  any  difcrimination,  or  regard  to  difference 
pf  chara6ler.  No  proper  or  adequate  means  are  ufed 
to  prevent  profanity,  intoxication,  fihh,  or  idlenefs. 
In  this  condition,  corrupting  and  corrupted,  their 
imprifonment,  fo  far  from  tending  to  produce  the 
amendment  of  the  culprits,  or  to  fecure  fociety 
againfl  the  efPefts  of  their  future  mifconduft,  ferves, 
by  the  contagion  of  example  and  the  exafperation 
of  bad  pafHons,  to  render  them  an  hundred-fold 
more  vicious  and  untradlable.  It  is,  in  truth,  a 
nurfery  of  criminals  for  the  State  Prifon.  As  a 
remedy  for  this  defe6l  in  the  penal  fyftem,  it  is 
fuggeiled,  that  a  building  fhould  be  crefted  by 
the  corporation,  large  enough  to  contain  fixty  cells, 
of  the  fame  dimenfions  as  thofe  in  the  State  Pri- 
fon;— that  the  police  magijirates  ftiould  have  power 
to  try,  in  a  fummary  way,  and  to  fentence  to  foli- 
tary  confinement  in  thefe  cells,  vagrants,  drunkards, 
riotous  and  diforderly  perfons,  &c.  for  a  time  not 
exceeding  thirty  days ; — that  the  quarter  fcflions 
of  the  city  fhould  fentence  perfons  convifted  of 
affaults  and  batteries,  petit  larcenies,  and  fuch  of- 
fences as  are  not  aggravated  or  atrocious,  for  a 
time  not  exceeding  fixty  or  ninety  days.  The 
convifls  fhould  be  kept  in  thefe  cells  in  perfefl 
folitude,  and  on  fpare  diet,  in  the  manner  prac- 
tifed  in  the  State  Prifon.    Such  a  punifhment,  for 


(    «3  ) 


fixty  days,  would  be  more  fevere  and  terrible,  and 
tend  more  to  the  prevention  of  crimes,  than  con- 
finement, for  one  or  two  years,  to  hard  labour  in  the 
State  Prifon.  It  would  alfo  tend  more  to  the  re- 
formation of  the  ofiFender  himfelf.  Detached  from 
vicious  companions,  from  temptation,  and  from 
all  means  of  gratifying  his  depraved  appetites, 
confcience  would  have  time  to  awaken  a  fenfe 
of  guilt  and  remorfe  for  his  paft  folly  and  mif- 
condu£l. 

Should  a  plan  of  fuch  obvious  utility  be  adopt- 
ed and  carried  into  execution,  it  would  not  then 
be  necefTary  to  fend  convifts  to  the  State  Prifon  for 
a  fhorter  period  than  three  years.  For  every  per- 
fon  once  confined  in  the  folitary  cells,  who  fhould, 
after  his  releafe,  commit  a  fecond  ofFence,  would 
deferve  to  be  fentenced  to  hard  labour  for,  at  leafl;, 
three  years.  Indeed  it  might,  with  propriety,  be 
left  to  the  difcretion  of  the  court,  in  certain  cafes 
of  fecond  offences,  to  inflift  the  fame  punilhment 
as  in  cafes  of  grand  larceny;  fince  it  can  hardly 
be  fuppofed,  that  any  material  or  lafling  efFeft  can 
be  produced  on  a  criminal,  by  the  labour  and 
difcipline  of  a  penitentiary  houfe,  in  a  Ihorter 
time  than  four  or  five  years. — And  if  he  is  incor- 
rigible by  means  of  folitude,  temperance,  and 
cleanlinefs,  he  will  not  merit  if  he  is  guilty  of 
a  fecond  ofiFence,  a  punilhment  lefs  fevere  than 
imprifonment  for  that  length  of  time. 

It  is  not  requifite,  here,  to  enter  into  the  details 
of  this  plan  of  a  county  prifon ;  which,  if  found, 
-on  experiment,  to  fucceed  in  the  city  of  New- 


C  64  ) 


York,  may  be  extended  to  Albany  and  one  or 
two  other  counties,  where  the  increafe  of  popula- 
tion and  the  frequency  of  petty  offences  may  ren- 
der it  neceflary. 

Before  concluding  this  account,  it  may  be  proper 
to  make  a  few  remarks,  the  refult  of  fome  obferva- 
tion  and  experience,  on  a  fubje6l  which  may  have 
an  effential  influence  on  the  prefent  fcheme  of 
punifhments. 

It  has  been  obferved  by  Beccari  a,  whofe  opi- 
nions have  the  force  of  axioms  in  the  fcience  of 
penal  law,  that  "  as  punifhments  become  more 
*'  mild,  clemency  and  pardon  become  lefs  ne- 
"  cefTary  — that  "  clemency  belongs  to  the  legifla- 
"  tor,  and  not  to  the  executor  of  the  laws ;  a  virtue 
"  which  ought  to  fliine  in  the  code,  not  in  private 
"  judgments.  To  fhow  mankind  that  crimes  may 
"  be  pardoned,  or  that  punifhment  is  not  the  ne- 
"  celfary  confequcnce,  is  to  nourifh  the  flattering 
"  hope  of  impunity." — "  Let  then  the  executor 
"  of  the  law  be  inexorable,  but  let  the  legiflator 
"  be  tender,  indulgent,  and  humane."* 

Thefe  principles,  though  jufl  in  theory,  neccf- 
farily  prefuppofe  a  perfeft  fyftem  of  penal  law,  by 
which  each  punifliment  is  with  fuch  exaft  juilice 
apportioned  to  each  crime,  that  no  diflx;rcnce  of 
circumftances  can  arife  in  any  cafe,  which  ought 
to  vary  the  punifhment  prefcribed  for  the  particular 
offence.    No  code  fo  perfe6l  has  yet  been  framed, 

•  Del  Dclitt!  cdelle  Pene,  §' 20.— A  mifura  che  le  pene  divengono  ;  a 
tlulci,  la  ckmcrza  cd  il  pcrdono  di-tcntano'meno  ncccfliri :  1^0. 


(   65  ) 


and  until  fuch  an  one  is  promulgated,  it  is  necef- 
fary  that  the  power  of  pardoning  fhould  refide 
fomewhere,  to  prevent  that  injuftice  in  particular 
cafes  which  the  legiflator  did  not  forefee,  or  could 
not  avoid.  By  our  conftitution  this  power  is  con- 
fided to  the  governor,  the  chief  executive  magif- 
trate.* 

And  under  the  prefent  penal  laws,  except  in 
thofe  cafes  where  the  punifhment  of  death  ftill  re- 
mains, the  power  of  pardoning  may  be  exercifed 
without  violating  the  principle  advanced  by  the 
philofopher  of  Milan.  It  may  be  aflerted,  that, 
in  the  deliberate  and  impartial  manner  in  which 
juftice  is  adminiftered  in  our  courts,  it  is  fcarcely 
poffible  that  any  man  can  be  prefented  by  a  grand 
jury,  tried  and  convifted  by  a  petit  jury  of  twelve 
men,  in  the  prefence  of  the  court  and  the  world, 
without  a  degree  of  guilt  deferving  of  fome  punifh- 
ment. Imprifonment  for  a  ftiort  period,  under  the 
mild  and  humane  regulations  of  the  State  Prifon, 
cannot,  in  cafes  the  moft  favourable  to  the  pri- 
foner,  be  deemed  unjuft.  It  may  be  laid  down, 
then,  as  a  general  principle,  that  no  perfon,  con- 
vifted  of  a  crime  and  fentenced  to  imprifonment, 
ought  to  be  pardoned,  until  he  has  fuflFered  a  pu- 
nifhment proportioned  to  the  degree  of  his  guilt, 
or  at  leaft  fo  much  as  may  fatisfy  the  community  he 
has  injured.  Under  the  guidance  of  this  principle, 
it  is  believed,  that  the  power  of  pardoning  may  be 
made  conducive  to  a  more  perfeft  difpenfation  of 

•  In  cafes  of  treafon  and  murder,  the  governor  cannot  pardon,  but  may 
reprieve  the  convid  until  the  next  meeting  of  the  legifiature,  who  may 
nardon  if  they  think  fit. 

I 


C    66  ) 


juftice,  and  fubfervient  to  the  plan  of  reformation 
intended  by  a  penitentiary  prifon.  It  will  not  be 
thought  ufelefs  to  endeavour  to  fix  fome  general 
rules  for  the  exercife  of  a  power,  which,  if  arbi- 
trary and  capricious,  may  produce  confequences 
neither  forefeen  nor  intended ;  but  if  exerted  with 
found  difcretion,  fo  far  from  weakening  the  laws, 
will  llrengthen  their  operation. 

1.  Where  the  punifhraent  is  fixed  by  law  to 
a  crime  of  a  general  legal  defcription,  compre- 
hending a  great  variety  of  different  afts,  which 
mull,  from  the  courfe  of  human  conduft,  be  ac- 
companied with  evidence  of  greater  or  lefs  depra- 
vity ;  there  this  attribute  of  the  chief  executive  ma- 
gi (Irate  feems  necelTary,  to  remedy  the  imperfeftion 
of  the  general  law,  and  to  render  the  punifhment 
more  equitably  proportioned  to  the  guilt  of  the  of- 
fender; fince,  from  the  inevitable  want  of  forefight 
in  the  legiflature,  of  the  circumftances  of  each  cafe, 
it  could  not  be  fo  predetermined  by  them.  Thus 
forgery  and  counterfeiting,  as  well  as  palling  mo- 
ney, knowing  the  fame  to  be  forged  or  counterfeit, 
punifhed  by  imprifonment  for  life,  is  a  crime,  tlie 
objefls  of  which  are  endlefsly  diverfified,  compre- 
hending a6ls  of  different  degrees  of  turpitude.* 

*  It  may  be  fairly  qucftioned,  whether  this  and  fomc  other  crimes  arc- 
not  improperly  punilhed  by  imprifonment  for  life.  If  the  fcntencc  did  not 
exceed  a  certain  number  of  years,  it  would  be  in  the  power  of  the  court  to 
apply  the  punifhment  in  a  manner  more  juftly  proportioned  to  the  ofTencc  : 
there  would  then  be  rarely,  if  ever,  any  occafion  for  the  executive  to 
remit  the  fentence.  Mod  of  the  governments  of  Europe,  excepting  En- 
glaml,  have,  in  circumftances  of  fociety  and  manners  far  lefs  favourable 
than  thofe  of  this  country,  gone  further  in  the  melioration  of  their  penal 
laws ;  and  the  punifhment  of  death  is  gradually  difappeariog  from  their 
codes. 


(    67  ) 

2.  Where  the  law  has  only  defined  a  limit  in 
the  time  of  imprifonment,  leaving  it  to  the  dif- 
cretion  of  the  judge  to  fix  the  duration  of  punifti- 
ment  within  that  limit,  according  to  the  circum- 
ftances  of  each  cafe;  there  it  may  be  generally  faid, 
that  the  executive  ought  not  to  interpofe ;  unlefs 
when  the  difcretion  of  the  court  has  been  ma- 
nifeftly  exercifed  under  fome  mifapprehenfion,  or 
where  circumftances,  favourable  to  the  convi6t, 
c*>me  to  light  after  trial,  of  which  he  could  not 
avail  himfelf  at  the  time,  but  had  they  been 
known,  ought  to  have  prevented  or  lelfened  his 
punifhment. 

3.  Unequivocal  evidence  of  reformation  in  a  con- 
vift,  after  his  imprifonment ;  to  afcertain  which, 
as  well  as  the  propriety  and  fafety  of  difcharging  a 
convift  before  the  expiration  of  his  term  of  punifh- 
ment, the  judgment  of  the  Infpeftors  of  the  pri- 
fon,  from  their  fituation,  may  be  of  effcntial  im- 
portance. Indeed,  this  precaution  has  been  taken 
by  the  late,  and  prefent  governor  of  the  State,  who 
have  applied  for  the  requifite  information  to  the 
Infpeftors,  the  majority  of  whom  have  joined  in  a 
recommendation  for  pardon,  where  they  thought  it 
clearly  merited  by  the  convi6t.  Previous  to  fuch 
recommendation,  however,  the  Infpeflors  think  it 
their  duty  to  enquire, — whether  the  prifoner  was 
convifted  by  clear  and  undoubted  tcflimony ; 
which  may  be  afeertained  by  the  report  of  the 
judge  before  whom  he  was  tried  ; — whether  the 
circumftances  attending  the  commiffion  of  the 
crime  denote  a  greater  or  lefs  degree  of  depravi- 
ty ; — whether  the  prifonei  has  already  fuffered  a 


(   68  } 

punifhment  fufficient  to  fatisfy  fociety,  and  to  af- 
ford a  reafonable  ground  to  believe  that  his  releafe 
will  not  diminifh  the  dread  of  future  punifhment 
in  him,  or  infpire  the  hope  of  impunity  in  others  ; 
— whether,  while  in  prifon,  he  has  conduced  him- 
felf  with  uniform  decency,  induftry,  and  fobriety, 
and  has  never  attefnpted  to  violate  any  of  its 
regulations;  —  and,  laftly,  whether  from  what  is 
known  of  his  temper,  charafter,  and  deportment, 
it  is  probable,  that  if  reftored  to  fociety,  he  will 
become  a  peaceable,  honeft,  and  induflrious  citizen. 
Thefe  inquiries  ought  to  be  fatisfadlorily  anfwered 
in  favour  of  the  convift,  before  he  is  recommended 
for  pardon ;  for  it  is  not  a  common  or  ordinary 
courfe  of  good  condu6l  and  induftry,  but  a  pre- 
eminent and  unexceptionable  behaviour,  that 
ftiould  entitle  a  prifoner  to  this  grace.  A  convift 
radically  and  incurably  depraved,  in  hope  of  gain- 
ing favour,  may,  for  a  feafon,  fo  far  difguife  his  ge- 
nuine charafler,  as  to  deceive  his  keepers  and  in- 
fpeftors.  Sufficient  time  fhould  be  allowed  to  dif- 
cover  his  real  difpofition,  which,  on  fome  occa- 
lion,  at  an  unguarded  moment,  will  fhew  itfelf. 
In  fhort,  pardon  ought  never  to  be  granted  from 
the  momentary  impulfe  of  compaffion,  the  indul- 
gence of  which  may  be  gratifying  to  the  individual, 
but,  as  regulated  by  no  fixed  principle,  muft  be  in- 
jurious to  the  public ;  nor  ought  it  to  be  granted, 
merely  at  the  inftance  of  friends  or  relations,  or  from 
confiderations  of  family,  but  from  the  clear  and  un- 
bialfed  diflates  of  juftice  and  humanity,  and  in  fuch 
a  manner  that  the  community  may  be  fatisfied  that 
the  influence  of  the  law  is  not  impaired,  nor  its 
fcvcrity  relaxed,  without  fufficient  reafon. 


(  %  ) 

No  man  who  enters  the  prifon  with  vicious  ha- 
bits, can  be  reafonably  expefted  to  be  divefted  of 
them  in  lefs  than  four  or  five  years ;  and  it  would 
greatly  injure  the  penitentiary  fyftem,  to  pardon 
any  prifoner  before  the  expiration  of  that  time, 
unlefs  in  extraordinary  cafes,  which  may  poflSbly, 
but  very  rarely,  happen.  When  fentenced  to  im- 
prifonment  for  life,  no  perfon  ought  to  be  releafed 
until  after  feven  years  confinement.  If,  under  the 
circumftances  which  have  been  mentioned,  and  on 
principles  here  ftated,  pardons  are  fometimes  grant- 
ed, inftead  of  countera6ling  the  force  of  the  law, 
they  may  be  made  to  harmonize  with  and  fupport 
the  general  fcheme  of  punifhments  fo  wifely  adopt- 
ed. Its  fuccefs  muft,  in  a  great  meafure,  depend 
on  the  wifdom  of  the  regulations  devifed  for  the 
internal  management  of  the  prifon,  and  on  the 
prudence,  difinterefled  attention,  and  perfeverance 
of  thofe  to  whom  that  management  is  entrufted. 

To  exhibit  a  fimple  and  faithful  account  of  thofe 
regulations,  and  to  furnifti  fuch  ufeful  hints  as  the 
writer,  from  his  own  experience  and  the  fuggef- 
tions  of  others,  could  impart,  is  the  purpofe  of  the 
preceding  pages.  He  is  fenfible  that  the  plan  of 
interior  regulation  is  far  from  being  perfcft ;  but 
every  year  will  add  to  its  improvement.  For,  be- 
fides  relieving  the  counties  from  the  great  burden 
of  keeping  convi6ls,  and  diminifhing  the  chances 
of  efcape,  by  bringing  them  all  into  one  prifon, 
under  a  more  vigilant  infpeflion,  the  eftablifhment 
of  a  State  Prifon  prefents  the  befl:  opportunity,  by 
the  magnitude  and  liberality  of  its  plan,  for  the 
formation  of  a  well-digefted  fcheme  of  internal 


C  70  ) 

management  and  economy,  and  the  full  executioR 
of  the  only  juft  and  beneficent  fyflem  yet  devifed 
for  the  punifhment  and  correftion  of  criminals. 
The  New- York  State  Prifon  will  furnifh  a  model 
for  others,  which  the  increafe  of  population  and 
growth  of  luxury  may  render  neceflary  in  the  dif- 
tant  parts  of  this  extenfive  country.*  And,  what- 
ever may  be  the  future  condition  of  mankind,  this 
inftitution  will  refleft  lafting  honour  on  the  State  ; 
become  a  durable  monument  of  the  wifdom,  juf- 
tice,  and  humanity  of  its  legiflators,  more  glorious 
than  the  mod  fplendid  achievements  of  conquerors, 
or  kings ;  and  be  remembered  when  the  magnifi- 
cent ftruQures  of  folly  and  pride,  with  their 
founders,  are  alike  exterminated  and  forjjotten. 


*  Similar  prifont  are  alreaJy  cftabliflied  in  New-Jerfey  and  Virginia,  and 
sthers  are  propofcd  to  be  crcdcd  in  Maflachufetts  aod  Soivth^aroUna. 


APPENDIX. 


•uo;3uipje,vV 

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(    73  ) 


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(    74  ) 


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(    75  ) 


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(    76  ) 


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(    77  ) 


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CRIMES. 

66  Forgery  aiid  pafling  counter- 
feit Money  

1  Highway  Robbery,  .    .  . 

4  Manflaughter,  

I  Stealing  from  a  Church,  . 
260  Grand  Larceny,  .... 
2'7  Petit  Larceny  

»o  Aflault  and  Battery,     .  . 

1  Sodomy  »    •  • 

1 5  Horfe  Stealing,  .... 

1  Acceflary  to  a  ConviA  Felon, 

2  Receiving  Srolen  Goods, 

■g 

r-l 

50000 

^  T3  . 
00  M 


Q  P 

■  =  s 

,0  «^  ■*  ^  JJ 

,^  „  «  *         1  5" 


E  .  @  2  §  . 


3  13  -XJ  T3  -a  -o 


(    79  ) 


ABSTRACT  of  Prisoners  received  in  the 
State  Prison. 


r^797> 
I  1798. 

Received  in  the  year  ^  17  99' 
1800, 
1801, 


l: 


121 
144 
121 
150 
157 


693 


r 


Number  died  in  the  year 


Efcaped  and  not  retaken 
in  the  year  


1797. 
1798, 

1799. 
1800, 
1801, 

1797. 
1798, 

1799' 
1800, 
1801, 


28 


Total  difcharged  by 
expiration  of  fen- ^ 
tence, 


White  men, 
White  women, 
Black  men. 
Black  women, 


Total  pardoned. 


r  White  men, 
I  White  women, 
j  Black  men, 
I^Black  women, 


Remaining  in  the 
Prifon,  31ft  of 
Twelfth  Month,  ^ 
(Dec.)  i8oi, 


1 

3 
7 
6 

8 

117 
21 

55 
17 

—  210 

63 
6 

14 

3 

—  86 


White  men,    250    —  349 
White  women^3 
Black  men,  ^7 
Black  women,  14 

—  344 
  344 

Total  693 


Note,  Of  thofe  pardoned,  19  were  fentenced  for  life,  and  67  for  terms 
•)f  year*. 


[H]  (    80  ) 


Table  ;  fhewing  I.  the  number  of  prifoners  who,  at  the  time 
they  were  received  into  the  State-Prifon,  in  1 797,  '98,  '99,  1 800, 
and  1801,  had  no  particular  occupation,  or  were  of  fuch  trades 
or  profefllons  as  were  not  introduced  into  the  prifon,  and  of  courfe 
unfit,  without  inftrudion,  for  other  trades  and  occupations  ;  II. 
the  number  of  prifoners  flcilled  in  the  branches  of  induftry  eftab- 
liflied  in  the  prifon. 


I. 

II. 

Of  no  occupation, 

218 

Farmers, 

1 14 

Perfons  of  Trades, 

&c. 

Seamen, 

yj 
8 

eftabliflied  in 

the 

Traders, 

prifon,  viz. 

Clerks, 

1 1 

Soldiers, 

6 

Shoemakers, 

Schoolmafters, 

■2 
J 

Carpenters, 

"^2 

Chimney-fweeps, 

c 

Blackfmlths, 

22 

Millers, 

2 

Taylors, 

Coach-nricikers 

2 

Weavers, 

Hatters, 

4 

Silver  and  Copper- 

S  egar-makers, 

4 

fmiths,  and  Brafs- 

Rope-makers, 

J 

founders  and  Tin- 

Brewers, 

3 

men, 

13 

Carvers  and  Gilders, 

I 

Mafons, 

12 

Tanners  and  Curriers, 

2 

Cabinet  makers. 

2 

Butchers, 

•J 

Stone-cutters, 

I 

Miners, 

2 

Wheel-wrights, 

I 

Well-diggers, 

I 

Breeches  makers, 

I 

Riggers, 

3 

Sawyers, 

3 

Tobacconifts, 

2 

Saddle  and  harnefs 

Qu^ill  manufafturers. 

I 

makers. 

3 

Barbers, 

10 

Nailers, 

3 

Leather  dreffers. 

2 

Painters, 

3 

Pump  makeradV 

2 

Coopers, 

5 

Bakers, 

5 

Gardeners, 

S 

Number  of  Perfons 

;  ig- 

Cooks, 

3 

norant  of  the  above 

Tallow  Chandlers, 

3 

Trades.  (Clafs  I.^ 

)  I 

Furriers, 

I 

  Total  693 

Total  522 


[I] 


(  8, 


11  !i  ¥  ill} I 


||4  =44-1  ■§ -§444-14-1 -s-§^-g^°4 

u 
Y. 

1 

Petit  Larceny, 
ditto, 
ditto. 

Receiving  ftolcn  goods. 
Grand  Larceny. 

ditto. 
Petit  Larceny. 

ditto. 

ditto. 
1  Grand  Larceny. 
Horfe  ftealing. 
Grund  I,arceny. 
Petit  Larceny. 

ditto. 

ditto. 

ditto. 

ditto. 

ditto. 

ditto. 

ditto. 
3  Indts.  ditto. 

1 

1^144^11^4444^1^4 

£  S  S ! 

SSI 

If 

tUt44n4t44tm4m4 

UAmhmMmmm 

i  ||44l|J|l4|4444l||J|4 

"  -  I      M  M  n  «  M  ■  - 


mmm 


.U4t444444tt4  it4tt'^ 

j||iii||j|||j|JJllJJJIi 


Mi     \i  f 

i  Jil!  filii 


I  1 


Ii! 


^iMiiiil 

1 1  I 


Q  i4U4444 
^  i4'k44444 


i^4444444 


O 

w 

Q  |4rI4444 

O 
Q 


gf444g|4  O 
ll44iil 


5  s^l^-^ill 


m       (  83  ) 


Recapitu  LATiOM  of  the  Tables  of  Convicls 
and  Crimes  for  five  Years,  ending  Dec.  31,  1801, 
with  Remarks. 

Of  the  crimes  enumerated  in  Table  [F],  com- 
mitted during  five  years,  the  number  of  thofe 
accompanied  with  violence  to  the  perfon  and  habi- 


tation, are, 

Rape,                                    .  I 

Manflaughter,    4 

Sodomy,   i 

Highway  Robbery,      ....  i 

Burglary,   34 

Arfon,    5 

Aflault  and  battery,    ....  20 

Stealing  from  a  church,        .    .  i 

  67 


Of  thefe,  were  committed  in  the  city  of  N.  York,  35 
in  the  reft  of  the  State,  32 

  67 

Offences  againft  property,  public  juftice,  and 
morals,  the  commiffion  of  which  is  diftinguiflied 
by  addrefs,  dexterity,  malicious  cunning  and 
fraud,  unaccompanied  with  violence,  arc. 


Forgery,    66 

Grand  Larceny,  (ftealing  above 

the  value  of  1 2-j  dollars)    .  260 
Petit  Larceny,  (ftealing  lefs  value 

than  12^  dollars)      .     .     .  277 
Horfe  ftealing,  ..... 

Swindling,   i 

Receiving  ftolen  goods,       .     .  2 

J'erjury,   3 

Acceflary  to  a  convi£l:  felon,     .  i 

Bigamy,   i 

  626 


0£  thefe,  were  committed  in  the  city  of  N.  York,  455 
in  the  reft  of  the  State,  167 

.  626 


N 


693 


(   84  ) 


Total  of  crimes  committed  in  five  years  in 

the  city  of  New- York,  494 

Total  of  crimes  committed  in  five  years  in 
all  the  other  cities  and  counties  in  the 

State,   •    .    .  199 

  693 

Though  very  confiderable  exertions  have  been  made 
to  obtain  an  account  of  the  number  of  crimes  and 
convifts,  for  fevcral  years  preceding  the  ereftion 
of  the  State-Prifon,  it  has  not  been  in  our  power 
to  make  an  accurate  lift  j  and  an  imperfeft  one  would 
not  afford  a  juft  ground  of  deduction  as  to  the  influence 
of  the  new  fyftem. — This  defeat  is  much  to  be  regretted, 
as  fuch  a  comparifon  between  the  two  periods  would, 
population,  ftate  of  foclety,  and  other  things  being  duly 
confidered,  enable  us  to  form  a  more  fatisfaftory  judg- 
ment of  the  effefts  produced  by  the  alteration  of  our 
penal  code. 

Of  277  petty  larcenies,  committed  in  5  years,  236 
were  in  the  city  of  New-York ;  of  260  grand  larcenies, 
179  were  in  the  city  ;  and  the  alTaults  and  batteries  were 
all,  but  one,  committed  in  this  city  and  Albany.  Petit 
larceny  is  an  offence  hardly  known  in  the  country,  fince 
3  only  in  a  year  are  found  to  be  committed  there,  if  we 
exclude  the  cities  of  Albany  and  Hudfon  alfo  ;  and  of 
grand  larcenies,  the  annual  number  for  all  the  reft  of 
the  ftate  is  little  more  than  a. 

Of  the  convifts  there  were. 

White  men,  469 
White  women,  44 

Black  men,  145 
Black  women,  35 


Of  thefe  there  were. 

Native  Americans,  403 
Foreigners,  290 

  693 


180 
—  <593 


(    85  ) 

192 

211 

  403 

"7 
49 
II 
i8 

10 

7 

8 

49 
3 
18 

  290 

693 

Of  349  prlfoners  who  have  been  difcharged  by  expira- 
tion of  fentence  and  pardon,  29  only,  or  one-twelfth  part, 
have  been  convicted  of  fecond  offences,  and  of  thefe  16 
were  foreigners.  Of  86  pardoned,  8  have  been  recom- 
mitted for  fecond  offences,  and  5  of  thefe  were  foreigners. 

To  aid  the  comparifon  between  the  number  of  crimes 
and  the  ftate  of  population,  the  following  ftatement  is 
taken  from  the  Cenfus  at  two  periods,  which  may  be 
deemed  correct. 

The  State  of  New-York  contained. 

In  1790,        340,120  Inhabitants. 
In  1800,  586,050 

The  City  and  County  of  New-York  contained. 
In  1790,  "iZy^l^  Inhabitants. 

In  1800,  60.489 

The  largeft  ratio  of  increafe  belongs  to  the  laft  five- 
years  of  the  preceding  period. 

From  this  enumera-tion  it  appears,  that  the  number 
of  offences,  in  proportion  to  the  number  of  thofe  whofe 
perfons  and  property  are  expofed  to  violence  and  depre- 
dation. Is  very  confiderably  greater  in  the  city  of  New- 
York  than  in  all  the  reft  of  the  State. 


Of  Native  Americans  there  were, 

From  the  State  of  New-York, 
From  all  the  other  States, 

Of  Foreigners  there  were. 
From  Ireland, 
England, 
Scotland, 
Germany, 
France, 

the  other  parts  of  Europe, 

Canada  and  Nova-Scotia, 

Weft-Indies, 

Eaft-Indies, 

Africa, 


(    86  ) 


In  the  former,  the  number  of  offenders  compared 
with  tlye  number  of  people,    is  as  i  to  129. 

In  the  latter,  the  proportion  is  as  i  to  2633. 

So  that  the  relative  proportion  of  crimes  between 
the  capital  and  the  country,  drawn  from  the  comparative 
population  of  each,  may  be  ftated  as  22  to  i,  reje£ling 
fraflional  parts  of  an  unit. 

It  is  likewife  worthy  of  remark,  firft,  that  very  near 
three  fourths  of  the  offenders  in  the  preceding  tables 
are  adventurers  from  foreign  countries ;  fecondly,  that 
though  the  blacks  conftitute  lefs  than  one  twenty-eighth 
part  of  the  whole  population  of  the  State,  yet  they  form 
nearly  one  third  of  the  whole  number  of  convi<fls. — 
Thefe  faifts  afford  an  inftruftive  leffon  on  the  influence, 
firft,  of  European  and  Weft-Indian  emigration,  and  next, 
of  negro-fl^vcry.  It  is  hoped  that  it  will  not  be  thought 
unimportant  to  call  the  attention  of  the  reader  to  the 
proportion  between  male  and  female  offenders.  Of  t^e 
vhole  number  of  convifts,  the  women  form  lefs  than 
one  eighth  part ;  but  it  is  an  additional  proof  of  the  de- 
generacy of  the  blacks,  that  near  four  fifths  of  the  wo- 
men arc  of  that  race.  One  third  of  the  number  of 
blacks,  however,  are  from  European  colonies,  in  the 
Weft-Indics  and  Africa. 

From  this  examination  of  the  above  tables,  which 
might  be  rendered  ftill  more  minute  and  iriterefting,  the 
curious  and  inquifitivc  reader  will  difcover  how  far  the 
ftatc  of  fociety  and  manners  is  manifefted  in  the  enume-  . 
ration  of  the  crimes  committed  ;  and  how  far  they  have 
been  increafcd  by  em.igrants  from  the  more  corrupt  and, , 
turbulent  focieties  of  Europe.  The  vaft  difturence  be- 
tween the  number  of  crimes  in  the  City  of  Nc\v-York, 
and  the  reft  of  the  State,  taken  in  relation  either  to 
their  abfolute  or  comparative  population,  will  lead  to  an. 
inquiry  into  the  true  caufes  of  the  moft  numerous . 
claffes  of  crimes,  and  the  moft  probable  means  of  their 
prevention  ;  —  fuch  as,  improvement  in  the  managc- 
xuent  and  economy  of  the  city  prifvis,  in-  the  puoilh- 
ment  of  petty  offences,  and  in  the  melioration  of  the 
liiws  and  general  police  of  the  city,  in  many  -  tbangs^ 


(    87  ) 


which,  in  their  prefent  ftate,  have  an  undoubted  tendency 
to  deprave  the  morals  of  the  people. 

In  any  view  which  may  be  taken  of  the  number  of 
crimes,  or  the  fyftem  of  punilhment,  in  this  State,  com- 
pared with  thofe  which  exift  in  Europe,  there  is  rcafon 
to  approve  the  general  wifdom  and  humanity  of  our 
laws  and  inftitutions,  and  to  be  induced  to  perfcverc  in 
our  exertions  to  improve  and  maintain  the  excellent  fyf- 
tem we  have  adopted. 

In  the  metropolis  of  Great-Britain,  as  it  comprehends 
London  and  a  part  of  Middlefex  and  Surry,*  during  one 
year,  ending  October  1795,  there  v/ere  7137  prifoners 
difcharged  from  the  feveral  priibns.  Of  this  number, 
2675  were  tried,  convifted,  and  punifhed;  and  4462  dif- 
charged by  proclamation  of.  gaol  deliver)',  for  want  of 
.proof,  by  acquittal,  pardon,  or  bail.  Of  the  convi£ts, 
61  were  fentenced  to  capital  punilhment,  and  16  exe- 
.cuted  ;  22  died  in  prifon,  174  were  fentenced  to  tranf- 
pOEtation,  1282  fent  to  the  different  parifhes,  216  fent 
to  the  army  and  navy,  and  the  refidue  diftributed  ia 
prifons  and  hofpitals.  Above  2000  perfons  are  annually 
brought  to  trial  in  the  fuperior  courts  of  judicature,  ex- 
clpfive  of  a  much  larger  number  at  the  general  and 
onarter  feffions  of  the  peace,  in  the  difierent  counties. 

Befides  all  the  expenfes  of  trial  and  conviction,  the  cofc 
of  maintaining  8000  convicts,  fentenced,  during  22  years, 
to  labour  in  the  Hulks  at  Woolwich,  Portfmouth,  &c. 
amounted  to  693,000  pounds  fterling,  or  more  than 
3,063,600  dollars  ;  and  the  expenfe  of  tranfportation  of 
5858  convifts  and  93  children  to  A'fw  South  Joules ^ 
during  6  years,  amounted  to  1,037,230  pounds  fterling, 
or  morc  than  4,605,300  dollars.  To  this  m.uft  be  added 
the  annual  average  expenfe  of  50,000  pounds,  (222,22a 
dollars)  for  the  county  prifons  and  criminal  police ; 
makincL  in  the  whole,  an  amount  of  two  millions  fter- 
ling,  or  more  than  8,888,888  dollars,  expended  during  20 

years-,  .pr  an  annual  average  expenditure  for  the  main- 

■  .  f-- 

Tbo  population  of  this  portion  of  the  Kingdom  Is  not  iv.ore  thaa 
;  rtlu-  Stat:  and  City  of  N>;^Y-Yari;. 


(   88  ) 

tenance  and  fubllftence  of  convifts,  of  100,000  pounds 
fterling,  or  more  than  444,444  dollars. 

Such  is  a  very  flight  flcetch  of  the  enormous  mif- 
chiefs  and  burden  to  fociety,  refulting  from  the  fevere, 
unequal,  and  imperfcft  fyftem  of  punifliments  in  En- 
gland. For  feveral  years  it  has  been  the  labour  of  en- 
lightened and  benevolent  men,  in  and  out  of  parliament, 
to  devife  fome  adequate  remedies  for  the  evils  of  that 
fyflem,  and  the  general  police  of  the  capital.  Thefe 
remedies  are  principally  combined  in  a  plan  of  national 
penitentiary  houfes,  fimilar  in  moft  refpedts  to  the  one 
adopted  in  the  eftablifhment  and  economy  of  the  New- 
York  State  Prifon.  Whether  this  plan  is  yet  carried 
into  execution  there,  is  not  known. 

Thofe  who  wifli  to  obtain  further  information  on  this 
interefting  fubjeft  of  liberal  inquiry,  are  referred  to  "  A 
Treatife  on  the  Police  of  the  Metropolis"  by  P.  Colqu- 
houn,  L.  L.  D.  a  magiftrate  for  Middlefex,  (6th  Edit. 
Lond.  1800,)  which,  for  its  numerous  fafts,  details,  and 
obfervations,  is  one  of  the  moft  valuable  books  to  the 
legiflator  that  was  ever  publilhed. 


4 


[L]  (    89  ) 

An  Account  of  the  Difeafes  which  have  oc- 
curred in  the  State  Prifon  during  the  year  1801. 

Difeafes.  |  No.  cured.  |  Relieved,  |incurabies.|  Died. 


4 

z 

Anienorrhoea,     .  .  . 

4 

I 

A  Ohma 

I 

I 

2 

Cholera  Morbus,   .  . 

64 

3 

Colic,   

12 

Conftipation   of  the 

2 

Confumption  of  the 

4 

I 

Convulfions,  .... 

2 
$ 

25 

3 

9 

I 

2 

21 

Film,  ........ 

I 

Fluor  albus,  .... 

4 

I 

Gonorrhoea,  .... 

3 

Hsematuria,  .... 

2 

Hemorrhoids,    .  .  . 

7 

4 

Hypochondriafis,  .  . 

2 

2 

Intermitting  fever,  . 

1 1 

Inflammationoftheeyes 

7 

do.  throat, 

I 

do.  tefticle, 

I 

I 

Menorrhagia,  .... 

2 

Pleurify,  

1 1 

Peripneumony,   .  .  . 

1 

Remitting  fever,    .  . 

6 

Rheumatifm,  .... 

21 

Schirrus  of  the  tefticle. 

2 

I 

1 

Suppreflion  of  urine, 

I 

I 


(  90  ) 


1      2  C7 
1      ^3  1 

2 

1 

1  A 

1  "r 

i>niiill-pox  n^turdlj  • 

3 

Strangury, 

z 

Tinea  Capitis,    .  .  . 

2 

2 

Ulcer,   

9 

I 

I 

2 

278  1 

3 

I 

4 

Cured,  278          N.  B.  Forty-five  perfons  hate  been  ino' 

Relieved,  3       culated  for  the  fmall-pox,  and  have  reco' 

Incurable,  i  vered. 

Died,  4 

Total  286 


Remarks. — The  difeafes  which  have  been  moft  prevalent 
jn  the  prifon  during  the  three  laft  years,  in  which  a  regular  regif- 
ter  has  been  kept  by  the  phyfician,  are, 

ift.  Fevers, — viz.  the  intermitting  fever,  the  bilious  remitting 
fever,  and  what  is  denominated  in  the  regifter,_/fwr,  by  which  is 
meant  a  fever  of  two  or  three  days  duration,  and  which  is  very 
mild  in  its  fymptoms,  and  frequently  arifes  from  cold  or  a  difor- 
dered  ftate  of  the  ftomach  and  bowels. 

2<I,  Inflammatory  difeafes, — viz.  catarrh,  pleurify,  and  rbeu- 
matifm,  which  generally  proceed  from  changes  of  weather. 

And,  3d,  Bowel  complaints, — viz.  Cholera  morbus,  bilious 
colic,  diarrhoea,  and  dyfentery. 

The  ufe  of  flannel  worn  next  the  fltin  had  been  very  early  re- 
commended by  the  phyfician,  and  in  the  courfe  of  the  laft  year, 
this  change  of  drefs  has  been  very  generally  adopted,  and  the  fa- 
lutary  effeds  of  it  have  fully  juftified  the  expedlations  that  were 
entertained  of  it :  For  it  appears,  upon  comparing  the  report  of 
the  lafl:  year  with  the  two  preceding  ones,  that  the  number  of  the 
fick  has  confidcrably  decreafed;  the  difeafes  have  been  milder  in 
ihcir  fymptoms,  and  fewer  deaths  have  occurred. 

Another  change  to  which  the  greater  health  of  the  prifoners 
is  to  be  afcribed,  is  the  more  liberal  ufe  of  failed  jneatJ  during 
the  fummer  feafon. 


[M]  C   91  > 


Account  of  Prifoners  remaining  in  thc  St<ite  Prl- 
fon  1 2th  month  (December)  31ft,  1801. 

4  for  Arfon, 

24  Burglary, 

42  Forgery  and  palling  coonterfcit  money, 

I  Rape, 

1  Sodomy, 

129  Grand  Larceny, 

117  Petit  Larceny, 

I  Stealing  from  a  churchj 

3  Manflaughter, 

16  Horfe-ftcaling, 

3  Perjury, 

i  Acceflbry  to  a  convict  felon, 
^      Aflault  and  Battery, 

I  Bigamy. 

345 


77  for  life. 

«5 

for  2  years. 

6  for  14  years. 

14 

I 

1  12 

22 

I  year  &  i  day, 

4  ID 

5 

I  year  &  6  month5# 

ip  7 

4 

2        &  6 

4  6 

I 

5  years  &  40  days. 

22  5 

I 

2  years  &  4  days, 

34  4 

2 

13  months. 

44  3 

134 

211  211 


345  Total. 

Note,  Of  the  above,  95  will  b«  difcharged  by  cipiritloii  of  fenttncp,  in 
the  year  iSei, 


m       i  9«  ) 


Abstract  of  the  expenditures  for  maintcnante  of  prifoners,  znS  fup» 

port  of  the  prifon,  and  incidental  charges,  for  the  years  1797,  '98  and  '99. 

1797,  To  clothing  and  maintaining  prifoners,  4531.0a 

1798,  ditto.  ditto.  6323.30 

1798,  ditto.  ditto.  10964.64 

1799,  15118.66 

  36836.6* 

Abstract  of  the  ixfundiiures  for  maintenann  of  prifoners,  and  fupport 
of  the  prifon,  &c  during  tlie  year^  iSoo  and  i8oi. 

1800,  To  clothing  and  maintaining  prifoners,  14450.86 

1801,  ditto.  ditto.  32632.65 
Sundry  debts  due  from  Prifon,  1465.98 

  24098.63 

On  hand  per  inventory,  houfehold  furniture,  beds,  "f 
bedding,  clothing,  fuel,  oil,  molaffcs,  a  fire  en-    C  9745.69 
gine,  horfei,  cows,  carts,  &c.  j 

Abstract  of  the  accounts  relative  to  the  mjnufadturcs  carried  on  in  the 
State  Prifon  during  the  years  1799  and  1800. 

1799,  Paid  for  tools,  raw  materials,  and  in-  7 

cidental  charges,  J  32-15 

1800,  ditto.  ditto.  29753.60 

— ^ —  sn^s-is 

1799,  By  minufadlured  goods  fold,  21589.85 

1800,  ditto.  22966.77 
Goods,  raw  materials,  and  tools  on  ?        5  „ 

hand  III  mo.  ift,  i8oi,  \  i5«8-'53 


Balance,  being  net  profit,   .........  6599.70 


Ab?tr.\ct  of  the  accounts  relative  to  the  manufadhjrcs  carried  on  in 
the  State  Prifon  daring  ihc  year  1801. 

iSoi,  Goods,  raw  materials,  &c.  on  hand  ift  m.o.  ift,  15228.83 

Paid  for  tools,  raw  materials,  and  incidental?  , 
charges,  ^31629.11 

To  fundry  debts  due  from  Prifon,  5483.56 

I3y  manufaftured  goods  fold,  35'i75.59 
Bv  proods,  raw  materials,  and  tools  on  hand  7  , 

Ift  month  Ift,  1802,  ^20769.17 
By  fundry  debts  due  to  Prifon,  4138.57 

60283.33 

Balance,  being  net  profit,  7941.83 

602S3.33 


<   93  ) 


69341-75 


A  general  A83»«Acr  of  the  accounti  of  the  Stare  Prifon,  adjufted  £»r 
the  year  i8gi. 

1801,  To  balance  of  old  account  for  1800,  15079-99 
Paid  for  tools,  raw  materials,  and  incidental > 

expenfes,  y  '"' 

Paid  for  cloathing  and  maintaining  pri-T 

foner»,  and  to  fherifFs  for  bringing  con->  21632.65 

Tidls  from  the  county  prifons,  J 

l8oi,  By  falcs  of  manufaiSured  goods,  34275-J9 
By  cafti  of  treafurer,  l20CX).oo 
.        of  the  mayor  per  Geo.  Warner,  Efq.  1000.00 
Balance  due  the  agent,  22066.16 

  69341.75 

REMARKS. 

The  legiflature,  from  time  to  time,  appropriated  monies  for  the  payment 
of  all  expenditures  for  the  fupport  and  maintenance  of  the  convifts  during 
the  years  1797,  1798,  and  1799.  In  the  year  1800,  the  fum  of  8000  dollars 
was  appropriated  for  the  purchafe  of  raw  materials  and  for  carrying  on 
the  Tarious  manufa<5lures  in  the  prifon  ;  for  cloathing  and  maintaining  the 
convicfts,  maintaining  the  keepers,  defraying  the  expcnfe  of  bringing  con- 
from  the  different  counties,  and  all  other  incidental  expenfes.  Any 
perfon,  who  has  the  leaft  acquaintance  with  the  nature  of  manuiaftuies,  and 
with  the  concerns  of  any  extenfive  eftablilhment  of  them,  will  perceive, 
that  to  keep  near  300  men  continually  at  hard  labour,  a  large  quantity  of 
raw  materials  mult  be  conllantly  on  hand,  ready  to  fupply  the  workmen. 
This  ftock  muft  be  purchafed  on  the  credit  of  the  agent  or  the  infpedlors, 
anlefs  the  legiflature  appropriate  a  fufficient  fum  for  that  purpofe.  At  the 
clofe  of  the  year  1800,  the  agent  was  in  advance  the  fum  of  15079  dollars 
and  99  cents.  Of  this  fum,  only  12000  dollars  were  direifted  to  be  repaid 
by  the  legiflature,  as  it  was  hoped  that  the  refidue  would  be  reimburfed 
out  of  the  fales  of  manufa<ftured  articles  then  on  hand,  amounting  to  1522S 
dollars  and  83  cents,  after  meeting  the  demands  of  die  current  year. 
Very  early,  however,  in  the  year  1801,  it  was  perceived,  that  the  proceeds 
of  the  manufaAured  articles  were  inadequate  to  defray  the  ordinary  ex- 
penfes of  the  Prifon,  and  at  the  fame  time  to  purchafe  materials  fufficient 
to  keep  the  convicls  employed.  The  agent  therefore  was  induced,  on  his 
own  credit,  for  fhort  periods,  to  purchafe  all  the  rav.-  materials  ^nd  articles 
wanted  to  maintain  the  fytlem  in  full  operation ;  fo  that,  at  the  clofe  of 
this  year,  he  is  in  advance  the  fum  of  22066  dollars  and  16  cents. 

This  ftatement  will  fhew  the  zeal  with  which  the  Infpedtors  have  been 
animated  to  promote  the  obje<fts  of  the  inftitution.  Had  they  declined  ma- 
king the  neceffary  advances,  from  time  to  time,  the  raw  materials  on  hand 
would  have  been  foon  confumed,  the  convlfts  would  have  been  left  idle^ 
an  increafed  expenfe  created,  and  the  great  end  of  the  eftabli'hmer.t  fruftra- 
ted.  Such  exertions  have  been  rendered  the  more  neceffary,  zi,  r.ot  having 
luiBcient  experience  to  determine  the  probable  proceeds  of  the  buCnefs  in 
tiie  courfe  of  a  year,  it  was  not  poffible  for  them  to  fittie.,  with  certainty. 


(   94  J 


tlie  era(S  Aim  which  might  be  wanted  for  ftock ;  and  they  ■vfere  diipofed 
to  name  a  fum  too  h'ttle  rather  than  too  great.  But,  however  ftrong  their 
attachment  to  the  public  good,  and  to  thofe  principles  of  benevolence,  which 
induced  them  to  engage  in  fo  arduous  an  undertaking,  it  cannot  be  eipeA- 
ed  that  the  Infpectors  ftould  continue  to  make  further  advances.  The  le- 
glflature  being  now  pofleffed  of  fuflicient  fa<5ts,  by  which  to  calculate  %vith 
tokrable  accuracy,  the  benefits  to  be  derived  from  the  eftablifliment,  and 
how  far  it  may  be  maintained  with  advantage  to  the  State,  will,  it  is  be- 
lieved, grant  a  fufficient  fum  to  pay  the  balance  of  the  prefent  year,  and 
appropriate  a  fum,  adequate  to  the  purchafe  of  a  competent  ftock,  in  raw 
materials,  and  for  defraying  other  expenfes,  beyond  what  the  net  profits  of 
the  labour  of  the  convifts,  for  the  current  year,  may  be  fufficient  to  dif- 
charge.  There  will  then  remain  at  the  commencement  of  the  new  year, 
a  clear  capital  to  this  State  of  20,679  dollars  and  17  cents,  in  raw  materials, 
tools,  and  manufaiftured  goods  on  hand,  befidcs  houfhold  furniture,  fuel,  oil, 
and  other  articles,  amounting  to  the  fum  of  9,745  dollars  and  69  cents. 

The  net  profit  of  the  labour  of  the  convifts  in  the  year  1799  and  1800^  war 
6^599  dollars  and  70  tents,  and  in  the  year  1801,  7,941  dollars  and  83  centf 
produced  from  a  capital  employed,  not  exceeding  the  amount  of  20,000  dol- 
lars. This  produdl,  in  the  firft  three  years  of  an  eftablifhment,  in  which  the 
hands  employed  were  ignorant  and  inexperienced,  and  therefore  neceffarily 
lefs  producStive,  will  be  regarded  as  no  unfavourable  rcfult.  As  the  convicftt 
have  now  become  more  flcilful  workmen,  and  can  perform  more  labour, 
and  to  greater  advantage  than  heretofore  ;  as  the  coft  of  many  articles  of 
food  will  be  diminiftied  nearly  one  half,  in  confequence  of  the  fall  of  the 
market,  produced  by  the  peace  in  Europe  ;  and  as  feveral  fources  of  expenfe 
arifing  from  inexperience  in  the  firft  commencement  of  the  bufinefs,  will  be 
diminilhed  or  dried  up,  there  is  reafon  to  conclude,  ftiould  the  balance  due 
the  agent  be  now  paid,  that  the  profits  of  the  labour  of  the  convids  during 
the  year  1802,  may  be  rendered  adequate  to  their  maintenance. 

The  adlual  advance  for  the  laft  three  years,  towards  the  mamtenanct  &c 
of  the  conviiSls,  will  ftand  thus  : 


Advance  in  1800,  8000 
i8oi,  12000 
fay    1802,  22066.16 


42066.16 


Amount  of  goods  on  hand,  20769.17 
Houfhold  furniture,  &c.  9749.69 


30518.80 

Allow  for  wear,  &c,  10  per  cent.    3051.  8 

  27467.7s 

leaves  Drs.  14598.44  for  3  years, 
or  4866  dollars  and  15  cents,  a  year.  Should  tliis  fum  be  raifed  out  of  the 
profits  of  the  enfuing  year,  there  will  then  remain  only  the  annual  expenfe 
of  the  falaries  of  the  keepers,  and  of  the  external  guard,  to  be  paid  out  of 
the  public  treafur)' ;  as  the  adlual  coft  of  keeping  and  fupporting  all  the 
conviifls  in  this  populous,  flourilhing,  and  cxtenfivc  State. 


(   83  ) 


Extradls  from  the  Revifed  Laws. 

An  ACT  to  prevent  Forgery  and  Counterfeiting. 

Paffed  2iftMarch,  i8or. 
I.  13  E  it  enaEled  by  the  People  of  the  State  of  New- 
M  J  ITork,  reprefented  in  Senate  and  Affembly^  That 
if  any  perfon  fhall  falfely  make,  alter,  forge  or  counter- 
feit, or  caufe  or  procure  to  be  falfely  made,  altered, 
forged  or  counterfeited,  or  willingly  aft  or  affift  in  the 
falfe  making,  altering,  forging  or  counterfeiting  any  re- 
cord, charter,  deed  or  writing  fealed,  will,  teftament, 
bond,  writing  obligatory,  bill  of  exchange,  promiffory 
note  for  payment  of  money,  or  any  note  or  fpecialty 
for  the  payment  of  money,  and  exprefled  to  be  payable 
in  any  goods,  wares  or  merchandizes,  indorfement  or 
affignment  of  any  bill  of  exchange,  or  promiffory  note 
for  payment  of  money,  or  any  acquittance  or  receipt 
e'.ther  for  money  or  goods,  or  any  acceptance  of  any 
bill  of  exchange,  or  the  number  or  principal  fum  of  any 
accountable  receipt  for  any  note,  bill  or  other  fecurity 
for  payment  of  money,  or  any  warrant  or  order  for  pay- 
ment of  money  or  delivery  of  goods,  whether  fuch  order 
purports  to  be  the  order  of  the  owner  of  the  goods  or 
money  fpecified  therein,  or  of  fome  perfon  who  claims 
an  intereft  in  the  fame,  or  of  any  other  perfon,  with 
intention  to  defraud  any  perfon,  or  body  politic  or  cor- 
porate whatfoever,  or  lhall  utter  or  publifli  as  true,  any 
falfe,  altered,  forged  or  counterfeit  record,  charter, 
deed  or  writing  fealed,  will,  teftament,  bond,  writing 
obligatory,  bill  of  exchange,  promiflbry  note  for  pay- 
ment of  money,  or  any  note  or  fpecialty  for  the  pay- 
ment of  money,  and  exprefled  to  be  payable  in  any  goods, 
wares  or  merchandizes,  indorfement  or  aflignment  of 
any  bill  of  exchange,  or  promiflbry  note  for  payment  of 
money,  acquittance  or  receipt  either  for  money  or  goods, 
or  any  acceptance  of  any  bill  of  exchange,  or  the  num- 
ber or  principal  fum  of  any  accountable  receipt  for  any 
note,  bill  or  other  fecurity  for  the  payment  of  money, 
or  any  wanant  or  order  for  the  payment  of  money,  or 
delivery  of  goods,  whether  fuch  order  purports  to  be  the 
o^der  of  the  owner  of  the  goods  or  monev  fpecified  there- 

O 


(    84  ) 


in,  or  of  feme  perfon  who  claims  an  intcreft  in  the  fame, 
or  of  any  other  perfon,  with  intention  to  defraud  any 
perfon,  or  body  poHtic  or  corporate  whatfoever,  know- 
ing the  fame  to  be  falfe,  altered,  forged  or  counterfeit- 
ed, then  every  fuch  perfon  being  thereof  convidted  ac- 
cording to  the  due  courfe  of  law,  lhall  be  deemed  guilty 
of  felony. 

II.  ylnd  be  it  further  enaEiedy  That  if  any  perfon  fhall 
forge  or  counterfeit,  or  be  aiding  or  affifting  in  forging 
or  counterfeiting,  any  certificate,  or  indorfcment  of  the 
acknowledgment  or  proof  of  any  deed  or  writing,  made 
by  any  officer  or  other  perfon  duly  authorifed  to  make 
fuch  certificate  or  indorfement,  by  any  law  of  this  ftate 
now  or  hereafter  to  be  made,  or  the  certificate  or  in- 
dorfement of  the  recording  of  any  deed  or  writing  made 
by  the  fecretary  of  this  ftate,  or  by  the  clerk  of  any 
county,  duly  authorifed  to  make  fuch  certificate  or  in- 
dorfement, by  any  law  of  this  ftate  now  or  hereafter  to 
be  made,  or  fhall  knowingly  utter  any  fuch  forged  or 
counterfeited  certificate  or  indorfement  as  true,  and  be 
thereof  convidled  by  due  courfe  of  law,  fhall  be  deem- 
ed guilty  of  felony. 

III.  A»d  be  it  further  cnaSled,  That  if  any  perfon 
fhall  counterfeit,  or  caufe  or  procure  to  be  counterfeited, 
or  aid  or  affiil  in  counterfeiting  any  certificate,  or  other 
public  fccurity  iffued  or  to  be  iflued  by  the  authority  of 
this  ftate  for  payment  of  money,  or  acknowledging 
the  receipt  of  money  or  goods,  or  any  bill  of  credit  here- 
tofore ilTued  by  or  under  the  authority  of  the  legiflature 
of  this  ftate,  or  lhall  alter  any  fuch  certificate  or  bill  of 
credit,  fo  that  th?  fame  fhall  appear  to  be  of  greater  va- 
lue than  the  fame  was  or  fhall  be  iflued  for,  or  intended 
to  pafs  for,  by  the  aft  in  purfuance  of  which  the  fame 
was  or  fhall  be  ifliied,  or  fliall  utter,  pafs  or  give  in  pay- 
ment, or  offer  to  pafs  or  give  in  payment,  or  procure  to 
be  uttered,  palTed  or  given  in  payment,  any  fuch  coun- 
terfeited or  altered  certificate  or  bill  of  credit,  knowing 
the  fame  to  be  counterfeited  or  altered,  then  every  fuch 
perfon  being  thereof  convicted  by  due  courfe  of  law  fhall 
be  deemed  guilty  of  felony. 


(    85  ) 


IV.  And  be  it  further  enacfed.  That  in  all  cafes  where 
any  fuch  certificate  or  bill  of  credit  lhall  be  charged  to 
have  been  altered,  and  it  fliall  appear  to  have  been  alter- 
ed, the  fame  fhall  be  prefumed  to  have  been  altered 
from  a  lefs  to  a  greater  value,  fum  or  denomination,  and 
the  burthen  of  proving  that  the  certificate  or  bill  of  cre- 
dit charged  to  have  been  altered,  was  not  altered  from  a 
lefs  to  a  greater  fum  lhall  be  on  the  defendant  charged 
with  altering  the  fame. 

V.  Atid  be  it  further  enacted.  That  if  any  perfon  fhall 
counterfeit,  or  caufe  or  procure  to  be  counterfeited,  or 
aid  or  affift  in  counterfeiting  any  of  the  fpecies  of  gold  or 
filver  coins  now  current,  or  hereafter  to  be  current  in 
this  ftate,  or  fhall  pafs  or  give  in  payment,  or  ofFer  to 
pafs  or  give  in  payment  the  fame,  knowing  the  fame  to 
be  counterfeit,  then  every  fuch  perfon  being  thereof 
convicted  according  to  the  due  courfe  of  law  fliall  be 
deemed  guilty  of  felony. 

An  ACT  declaring  the  Crimes  punijhable  with  Death  or 
•with  Imprifonment  in  the  State  Prifon. 

Paired  2111  March,  1801. 

I.  T3  E  it  enaEied  by  the  People  of  the  State  of  Ne-iv- 
1  M  Tbrk,  repreftnted  in  Senate  and  AJfemhly,  That 
every  perfon  who  fhall  hereafter  be  duly  convicted  or  at- 
tainted of  any  manner  of  treafon  againft  the  people  of 
this  ftate,  or  of  any  kind  of  murder,  or  of  aiding  or 
abetting  or  procuring  any  kind  of  murder  to  be  commit- 
ted, fhall  fuffer  death  for  the  fame,  and  be  hanged  by 
the  neck  until  fuch  perfon  fhall  be  dead. 

11.  And  be  it  further  enacted.  That  every  perfon  who 
fhall  hereafter  be  duly  convifted  or  attainted  of  any 
manner  of  rape,  or  of  the  deteflable  and  abominable 
crime  againft  nature  committed  with  mankind  or  beaft, 
or  of  burglary,  or  of  felonioufly  breaking  into  or  taking 
any  goods  or  chattels  from  any  dwelling-houfe,  any  per- 
fon being  therein  and  put  in  fear,  or  of  robbing  any 
dwelling  houfe,  any  perfon  being  therein,  or  of  robbing 


(    86  ) 


any  perfon  in  any  place  whatfoever,  or  of  ■wilfully  burn- 
ing any  dwelling  houfe  or  any  barn,  or  of  any  offence 
fpecified  in  the  aft,  entitled  An  a£i  to  prevent  forgery 
and  counterfeiting^  or  of  any  offence  fpecified  in  the  a£b, 
entitled  An  act  to  prevent  malicious  maiming  ;  and  every 
perfon  who  lhall  aid,  abet,  aflift,  counfel,  hire  or  com- 
mand any  perfon  to  commit  any  of  the  faid  offences,  and 
be  thereof  duly  convifted  or  attainted,  fhall  be  punifh- 
ed  with  imprifonment  for  life  in  the  ftate  prifon  ;  and 
the  juftices  who  fhall  give  judgment  in  any  fuch  cafe, 
lhall  upon  confideration  of  all  the  circumftances  thereof, 
adjudge  the  offender  to  imprifonment  only,  or  to  -be 
kept  in  the  faid  prifon  aj  hard  labour  or  in  folitude,  or 
both. 

III.  And  be  it  further  enaBed,  That  if  any  perfon 
ihall  be  indifted  of  felony,  for  ftealing  of  any  goods  or 
chattels  in  any  county  of  tliis  ftate,  and  thereof  be  con- 
vifted  or  attainted  ;  if  it  fliall  appear  upon  evidence,  and 
be  found  by  the  jury,  that  the  faid  goods  or  chattels 
were  taken  by  robbery  or  burglary,  or  in  any  other  man- 
ner, in  any  other  county,  whereof  if  fuch  perfon  had 
been  convicted  by  a  jury  of  fuch  other  county,  fuch  per- 
fon would  by  law  be  liable  to  imprifonment  in  the  faid 
prifon  for  life,  at  hard  labour  or  in  folitude,  or  both ; 
then  and  in  every  fuch  cafe,  judgment  lhall  be  given 
that  the  faid  offender  be  imprifoned  in  the  faid  prifon 
for  life,  at  hard  labour  or  in  folitude,  or  both. 

IV.  And  be  it  further  enacted,  That  every  perfon  who 
fhall  hereafter  be  duly  conviftcd  or  attainted  of  any  felo- 
ny, other  than  fuch  as  are  herein  before  enumerated  and 
directed  to  be  otherwife  puiiifhed,  and  above  the  degree 
of  petit  larceny,  and  every  perfon  who  lhall  aid,  abet, 
aHift,  hire  or  command  any  perfon  to  commit  any  fuch 
felony,  and  be  thereof  duly  convifted  or  attainted,  fhall 
be  adjudged  by  the  juftices  who  fliall  give  judgment 
thereupon,  on  a  confideration  of  all  the  circumftances 
of  the  cafe,  to  imprifonment  in  the  faid  prifon  at  hard 
labour,  or  in  folitude,  or  to  imprifonment  only,  or  to  all 
or  either  of  them,  for  any  term  not  more  than  fourteen 
years.     And  further,  That  every  perfon  who  flull  he  a 


(    8/  ) 


fecond  time  duly  convifted  or  attainted  of  any  of  the  faid 
laft  mentioned  felonies,  committed  after  fuch  firft  con- 
Tiftion,  lhall  be  adjudged  by  the  juftices  who  fhall  give 
judgment  thereupon,  on  like  confideration  of  all  the  cir- 
cumftances  of  the  cafe,  to  imprifonment  in  the  prifon 
aforefaid,  at  hard  labour  or  in  folitude,  or  both,  for  life. 

V.  j^nd  be  it  further  enabled,  That  every  perfon  who 
fhall  be  guilty  of  the  felonious  taking  and  carrying  away 
of  the  mere  perfonal  goods  of  another  of  the  value  of 
twelve  dollars  and  fifty  cents  or  under,  if  unconne£ted 
with  any  other  crime,  lhall  be  deemed  and  adjudged 
guilty  of  petit  larceny  only  ;  and  where  any  perfon  fhall 
hereafter  be  convifted  of  petit  larceny,  or  of  any  other 
felony  the  punifliment  whereof  is  not  herein  before  pro^ 
vided  for,  or  of  any  aflault  with  intent  to  rob,  murder 
or  commit  a  rape ;  or  where  any  perfon  fhall  buy  or  re^- 
ceive  any  goods  or  chattels  of  any  value  whatfoever,  that 
lhall  have  been  felonioufly  taken  away  or  ftolen  from  any 
other  perfon  knowing  the  fame  to  be  ftolen,  whether  the 
principal  be  convicted  or  not ;  or  fhall  knowingly  and 
defignedly,  by  falfe  pretence,  obtain  from  any  other 
perfon,  any  money,  goods  or  chattels  or  other  effedls 
whatfoever,  with  intent  to  cheat  or  defraud  any  perfon 
or  body  politic  or  corporate  ;  and  every  perfon  who  fhall 
aid,  abet,  alRft,  hire,  command  or  procure  any  other 
perfon  to  commit  any  of  the  faid  offences,  or  who  fhall 
be  accefTary  to  any  felony  whatfoever  after  the  fact,  fhall, 
being  convidted  of  any  of  the  faid  offences,  be  punifhed 
by  fine  and  imprifonment,  or  either  ;  or  if  it  fhall  be 
deemed  proper  by  the  court  before  whom  any  fuch  per- 
fon fhaH  be  convifted,  that  inf^ad  of,  or  in  addition  to 
a  fine,  fuch  perfon  fo  convicted,  ought  to  be  imprifoned 
for  twelve  calendar  months,  or  for  a  longer  time,  in 
fuch  cafe,  it  fhall  be  lawful  for  fuch  court  in  their  dif^ 
cretion,  to  adjudge  the  perfon  fo  convi<fled  to  imprifon- 
ment in  the  faid  prifon,  at  hard  labour,  for  any  term  of 
time  not  more  than  three  years,  jirid  further.  That 
every  perfon  who  fhall  be  a  fecond  time,  or  oftener, 
convifted  of  any  offence  fpecified  in  this  fe«R.ion  (except 
tlie  offences  of  affauU  with  intent  to  rob,myrder  or  com-i 


(   88  ) 


mit  a  rape)  fhall  be  adjudged  by  the  court  who  may 
give  judgment  thereupon,  to  imprifonment  in  the  faid 
prifon,  at  hard  labour  or  in  folitude,  or  both,  for  any 
time  not  exceeding  five  years  :  and  that  every  perfon 
who  fliall  be  a  fecond  time,  or  oftener,  convidtcd  of  the 
offences  of  aflault  with  intent  to  rob,  murder  or  commit 
a  rape,  or  of  either  of  them,  lhall  in  Hke  manner  be 
adjudged  to  imprifonment  in  the  faid  prifon,  at  hard  la- 
bour or  in  folitude,  or  both,  for  any  time  not  exceeding 
eight  years. 

VI.  yind  be  it  further  enaBedy  That  no  perfon  fenten- 
ced  to  imprifonment,  for  any  term  of  time  lefs  than 
twelve  calendar  months,  fhall  be  liable  to  be  imprifon- 
ed  in  the  ftate  prifon,  but  fhall  be  confined  in  the  gaol 
of  the  county  in  which  fuch  perfon  may  be  fo  fenten- 
ced. 

VII.  And  he  it  further  emHed,  That  if  any  perfon 
hath  been  or  fhall  be  convicted  of  any  crime,  for  which 
fuch  perfon  hath  been,  or  fhall  be  fentenced  to  impri- 
fonment  for  life  in  the  fl:ate  prifon,  fhall  break  the  faid 
prifon  and  efcape  from  thence,  and  fhall  thereafter 
commit  any  felony,  above  the  degree  of  petit  larceny, 
then  fuch  perfon,  being  thereof  duly  convifted,  fhall  be 
hanged  by  the  neck  until  dead. 

VIII.  And  he  it  further  enaBedy  That  in  cafe  any  per- 
fon hath  been,  or  (hall  be  fentenced  to  imprifonment  in 
the  ftate  prifon  for  any  term  of  years,  and  fhall  break 
the  faid  prifon  and  efcape  from  thence,  and  be  retaken, 
fuch  perfon  being  thereof  convifted,  fliall  be  deemed 
guilty  of  felony,  and  fhall  be  adjudged  to  imprifonment 
and  hard  labour  in  the  faid  prifon,  for  double  the  term 
of  time  fpecified  in  the  original  judgment  againfl  fuch 
perfon,  to  commence  from  the  period  of  the  laft  con- 
viction, notvvithftanding  the  term  for  which  fuch  perfon 
was  to  have  been  imprifoned  may,  when  fuch  perfon 
fliall  be  retaken,  have  expired. 

IX.  And  he  it  further  enaEled,  That  if  any  perfon  ad- 
judged to  be  imprifoned  in  the  faid  prifon,  othcrwife 
than  for  life,  fliall  efcape  from  the  fame,  then,  as  often 
as  fuch  perfon  fhall  fo  efcape  and  be  retaken,  and  again. 


(    89  ) 


imprifoned  in  the  faid  prifon,  the  period  for  which  fuch 
perfon  was  adjudged  to  be  imprifoned  in  the  faid  prifon, 
lhall  always  be  deemed  to  commence  anew  from  the  day 
when  fuch  perfon  fliall,  after  having  efcaped  be  retaken 
and  imprifoned  again  in  the  faid  prifon,  which  day  lhall 
be  afcertained  by  the  infpeftors  of  the  faid  prifon  ;  and 
every  fuch  perfon  may  be  fo  retaken  and  imprifoned 
again,  notwithftanding  the  term  for  which  fuch  perfon 
was  to  have  been  imprifoned  may,  when  fuch  perfon 
fhall  be  retaken,  have  expired. 

X.  Jnd  be  it  further  enaEled,  That  in  all  cafes  where 
any  perfon  fhall  be  duly  convi£led  or  attainted,  of  any 
felony  committed  after  the  twenty-ninth  day  of  March, 
one  thoufand  feven  hundred  and  ninety-nine,  or  of  aid- 
ing, abetting,  hiring  or  commanding  any  perfon  to  com- 
mit any  fuch  felony,  and  lhall  be  adjudged  to  imprifon- 
ment  for  life  in  the  ftate  prifon,  fuch  perfon  fhall  be 
deemed  and  taken  to  be  civilly  dead  to  all  intents  and 
purpofes  in  the  law. 

XI.  And  be  it  further  enaEled,  That  if  any  perfon  im- 
prifoned in  the  faid  prifon,  otherwife  than  for  life,  lliall 
attempt  to  efcape,  or  fliall  aid  any  other  perfon  impri- 
foned in  the  faid  prifon,  in  efcaping  or  attempting  to 
efcape  from  the  fame,  fuch  perfon  lhall  be  deemed  guil- 
ty of  a  mifderacanor,  and  lhall  on  conviction  be  adjudg- 
ed to  be  imprifoned  in  the  faid  prifon,  for  fuch  further 
term,  not  for  life,  after  the  determination  of  the  term 
for  which  fuch  perfon  had,  at  the  time  when  the  faid 
mifdemeanor  was  committed,  been  adjudged  to  be  im- 
prifoned, as  the  court  fliall  in  their  difcretion  deem  pro- 
per ;  and  the  court,  before  whom  a  perfon  may  be  indift- 
ed  for  the  mifdemeanor  aforefaid,  may  from  time  to 
time,  by  order  of  the  court  to  be  directed  to  the  infpec- 
tors  of  the  faid  prifon,  order  the  defendant  in  fuch  in- 
dictment, and  every  other  perfon  imprifoned  in  the  faid 
prifon,  being  a  competent  witnefs,  to  be  brought  before 
them,  and  alfo  to  aflign  counfel  to  the  defendant,  which 
counfel  fliall,  at  all  convenient  times,  be  admitted  to 
converfe  in  private  with  fuch  defendant  in  the  faid 
prifon. 


(    90  ) 


XII.  And  be  it  further  enaBedy  That  if  any  perfoa 
£hall  in  any  manner  howfoever,  aid  or  aflift  any  perfon 
confined  in  the  faid  prifon,  in  efcaping  or  attempting 
to  efcape  from  the  fame,  fuch  perfon  lhall  be  deemed 
guilty  of  a  mifdemeanor,  and  fliall  on  conviilion  there- 
of in  due  form  of  law,  be  adjudged  to  be  imprifoned  in 
the  faid  prifon  at  hard  labour,  for  fuch  term  of  time,  as 
the  court  in  which  fuch  convidtion  may  be  had,  fhall  in 
their  difcretion  deem  proper,  not  exceeding  ten  years. 

XIII.  And  be  it  further  enaBedy  That  any  perfon  who 
fliall  be  duly  convifted  of  the  crime  of  perjury,  or  fub- 
ornation  of  perjury,  or  of  aiding  or  allifting  any  prifoner 
lawfully  committed  to,  or  detained  in  any  gaol,  for  any 
felony  whatfoever,  in  efcaping  or  attempting  to  efcape 
from  fuch  gaol,  though  no  efcape  be  made  ;  or  of  con- 
veying any  difguife,  inftrumcnt  or  arms  uito  any  gaol  to 
and  for  the  ufe  of  any  fuch  prifoner  fo  committed  or  de- 
tained as  aforefaid,  with  intention  to  facilitate  his  or  her 
efcape,  though  no  efcape  be  made,  or  attempted  to  be 
made,  fliall  be  puniflied  with  imprifonment  at  hard  labour 
in  the  faid  prifon  ;  and  the  court  before  whom  fuch  con- 
viftion  fliall  be  had,  fhall  upon  confideration  of  all  the 
circumftances  of  the  cafe,  adjudge  fuch  perfon  fo  con- 
victed, to  imprifonment  in  the  faid  prifon  at  hard  labour 
for  any  term  not  exceeding  ten  years,  according  to  the 
nature  and  aggravation  of  the  offence. 


An  ACT  regulating  certain  Proceedings  in  Criminal  Cafes. 

Paired  2ift  March,  1801. 

I.  "O*  E  it  enaBed  by  the  People  of  the  State  of  Neiu- 
J|_3  ^orky  reprefented  in  Senate  and  AJfembly,  That  in 
all  cafes  of  treafon  or  felony,  where  the  party  indifted 
fliall  on  being  arraigned  obftinately  ftand  mute,  or  refufe 
to  plead  and  be  tried  in  due  courfe  of  law,  fuch  obfti- 
nately ftanding  mute  or  refufal  to  plead  and  be  tried  as 
aforefaid,  fliall  be  adjudged  to  be  a  denial  of  the  fafts 
charged  in  the  indictment,  and  the  trial  fliall  thereupon 
proceed  in  like  manner,  and  the  record  flull  be  in  the 


(    9i  } 


fame  form,  and  the  fame  judgment  fhall  be  given  againll 
the  faid  party,  if  found  guilty,  as  if  fuch  party  on  being 
arraigned  had  pleaded  not  guilty. 

II.  And  be  it  further  ena3ed.  That  it  fliall  not  be  ne- 
ceflary  on  the  arraignment  or  trial  of  any  perfon  for  trea- 
fon  or  felony,  to  alk  the  prifoncr  how  he  will  be  tried, 
nor  to  charge  the  jury  to  inquire  whether  the  prifoner 
fled  or  not,  or  what  goods  or  chattels,  lands,  and  tene- 
ments the  prifoner  at  any  time  had. 

III.  And  be  it  further  enabled.  That  no  convidlion  or 
attainder  of  any  perfon  for  any  offence  fpecified  in  the 
act,  entitled  An  a£l  declaring  the  crimes  ptinijhable  ivith 
death  or  luith  imprifontne?tt  in  the  Jfate  prifoUy  except  trea- 
fon,  ftiall  hereafter  work  a  forfeiture  of  goods,  chattels, 
lands,  tenements  or  hereditaments,  or  of  any  right 
therein  ;  and  that  all  forfeitures  to  the  people  of  this 
ftate  in  the  nature  of  deodands,  and  in  cafes  of  fuicide, 
and  where  any  perfon  lhall  flee  from  juftice,  fliall  be 
and  hereby  are  aboliflied. 

IV.  And  be  it  further  enaSled,  That  the  privilege  or 
benefit  of  clergy,  formerly  allowed  in  criminal  cafes, 
fhall  be  for  ever  aboliflied. 

V.  And  be  it  further  enacled.  That  where  any  perfon 
hereafter  fliall  be  felonioufly  ftricken  or  poifoned  in  one 
county  and  die  of  the  fame  ftroke  or  poifoning  in  ano- 
ther county,  then  an  indldtment  thereof  found  by  ju- 
rors of  the  county  where  the  death  fliall  happen,  whe- 
ther it  fliall  be  found  before  the  coroner  upon  the  fight 
of  fuch  dead  body,  or  before  the  juftices  of  the  peace,  or 
the  juftices  or  commiflioners  who  fliall  have  authority  to 
inquire  of  fuch  offence,  fliall  be  as  valid  in  law  as  if 
the  ftroke  or  poifoning  had  been  given  in  the  fame  coun- 
ty where  the  party  fliall  die.  And  further.  That  the 
courts  of  oyer  and  terminer  and  gaol  delivery  in  tiie  fame 
county  where  fuch  indidlment  at  any  time  hereafter  fliall 
be  taken,  and  the  juftices  of  the  fupreme  court  when 
fuch  indidlment  fliall  be  taken  or  removed  before  them, 
fliall  proceed  upon  the  fame  in  all  points  as  they  ought 
to  do  in  cafe  fuch  felonious  ftroke  or  poifoning  and  deatbi 
thereby  enfuiiig,  had  happened  in  one  and  the  fam« 

P 


(    92  ) 


fame  county.  And  further.  That  where  any  murder  of 
felony  fhall  be  committed  in  one  county,  and  any  other 
perfon  fhall  be  acceflary  in  any  manner  to  any  fuch  mur- 
der or  felony  in  any  other  county,  then  an  indictment 
found  againft  fuch  accelTary  for  the  fame  at  any  court  of 
oyer  and  terminer  and  gaol  delivery,  or  general  feflions 
of  the  peace,  in  the  county  where  fbch  oftence  of  acceffa- 
ry  fliall  be  committed,  {hall  be  as  good  and  efFeChial,  as 
if  the  faid  principal  offence  had  been  committed  within 
the  fame  county,  where  the  fame  indiftment  againft  fuch 
accelTary  fliall  be  found  ;  and  the  courts  of  oyer  and 
terminer  and  gaol  delivery  in  the  county  where  the  of- 
fence of  any  fuch  acccffary  fo  indidted  fhall  be  commit- 
ted, fliall,  upon  a  certificate  that  the  principal  is  attaint- 
ed, convidled  or  otherwife  difcharged  of  the  principal 
felony,  to  be  given  under  the  hand  and  feal  of  the  clerk 
who  has  the  cuflody  of  the  records  of  the  fame,  and 
which  Certificate  fuch  clerk  is  hereby  required  to  give  on 
application  in  writing  from  either  of  the  judges 'of  the 
faid  courts,  proceed  to  try  every  fuch  accelTary  in  the 
county  where  the  offence  of  fuch  accelTary  was  commit- 
ted, in  like  manner,  as  if  the  principal  offence  and  ac- 
celTary had  been  committed  in  fuch  county,  and  there- 
upon to  give  judgment  and  award  execution  according 
to  law. 

VI.  And  be  it  further  enaSled,  That  if  any  principal 
felon  fhall  be  convifted  of  any  felony,  it  fhall  be  lawful 
to  proceed  againft  any  acceffary  either  before  or  dfter  the 
fadt,  in  the  fame  manner  as  if  fuch  principal  felon  had 
been  attainted  thereof,  notwithftanding  any  fuch  princi- 
pal felon  fhall  be  pardoned,  or  otherwife  delivered  be- 
fore attainder  ;  and  every  fuch  accelTary  fhall  fuffer  the 
fame  punifhment  if  he  be  convifted,  as  he  fhould  have 
fufFered  if  the  principal  had  been  attainted.  And  fur- 
ther. That  it  fliall  be  lawful  to  profecute  and  punifh  eve- 
ry perfon  buying  or  receiving  any  ftolen  goods,  knowing 
the  fame  to  be  ftolen,  as  for  a  mifdemeanor,  although 
the  principal  felon  be  not  convitSled  of  the  faid  felony, 
which  fhall  exempt  the  offender  from  being  punifhed  as 
acceffary  to  fuch  felony  after  the  fail,  if  the  principal 
fhall  be  afterwards  convicted. 


(   93  ) 


VII.  And  be  it  further  enaBed,  That  the  jufticcs  of 
the  fupreme  court  fliall  have  full  power  by  their  difcre- 
tion  to  remand  and  fend  down,  as  well  the  bodies  of  all 
felons  brought  or  removed  into  the  fupreme  court,  as 
the  indictments  againft  fuch  felons,  into  the  faid  coun- 
ties, where  the  fame  felonies  were  or  fhall  have  been 
committed,  and  to  corranand  all  juftices  of  gaol  delivery, 
juftices  of  the  peace,  and  all  other  juftices  and  comniif- 
fioners  having  authority  to  hear  and  determine  the  fame 
felonies,  to  proceed  and  determine  upon  all  the  afore- 
faid  felons  and  indictments  fo  removed  according  to  law, 
in  fuch  manner  as  the  fame  juftices  of  gaol  delivery j^juf- 
tices  of  the  peace  or  commiflioners,  or  any  of  them, 
might  have  done  if  the  faid  prifoners  or  indiftments  had 
never  been  brought  in  the  fupreme  court. 

VIII.  And  be  it  further  enaSledy  That  aH  manner  of 
foreign  pleas  triable  by  the^  country,  hereafter  to  be 
pleaded  by  any  perfon  arraigned  upon  any  indiftment 
for  any  treafon  or  felony,  fliall  be  forthwith  tried  before 
the  fame  juftices  before  whom  fuch  perfon  fliall  be  ar- 
raigned, and  by  the  fame  jurors  of  the  fame  county  that 
fhall  try  the  treafon  or  felony,  whereof  he,  fhe  or  they 
fliall  be  fo  arraigned  without  any  further  delay  in  what- 
foever  county  or  place  the  matter  of  the  fame  pleas  be 
alledged- 

IX.  And  be  itfirther  cnacied.  That  every  perfon  ar- 
raigned for  any  crime  punifliable  with  death,  or  with 
imprifonment  for  life,  fliall  be  admitted  on  his  trial  to  a-, 
peremptory  challenge  of  twenty  jurors,  and  no  more. 

X.  And  be  it  further  enaBed,  That  no  indiftor  of  any 
perfon  for  any  crime  or  offence  whatfoever  fliall  be  put 
upon  the  inqueft  for  the  trial  of  fuch  perfon,  if  he  be 
challenged  for  that  caufe  by  the  perfon  fo  indicted. 

XI.  And  be  it  further  enacted,  That  every  perfon  who 
fhall  be  arraigned  or  tried  for  any  felony,  fliall  be  ad- 
mitted to  make  any  proof  that  he  or  flie  can  produce  by 
lawful  witnefles  who  fliall  then  be  upon  oath,  for  his  or 
hjer  defence  in  that  behalf,  and  fliall  have  the  like  pro- 
cefs.  of  the  court  where  he  or  flie  fliall  be  tried  to  com- 
pel his  or  her  witnelTeSj  to  appear  for  liim  or  her  alt 


(    94  ) 


fuch  trial,  as  is  ufually  granted  to  compel  witnefles  to  ap- 
pear againft  him  or  her. 

XII.  And  be  it  further  enaSledy  That  from  henceforth 
the  words  tuith  force  and  arms,  or  any  fuch  words,  fliall 
not  of  neceflity  be  put  in  any  inquifition  or  indictment 
of  treafon,  felony,  trefpafs  or  any  other  offence,  and 
that  no  party  being  hereafter  indicted  of  any  offence  fhall 
take  any  advantage  by  writ  of  error,  plea  or  otherwife 
to  annul  or  avoid  any  fuch  inquifition  or  indidtment  be- 
caufe  the  words  ivith  force  and  arms  or  any  fuch  like 
ivords  are  not  put  into  the  faid  inquifition  or  indictment. 

Xlli.  And  he  it  further  enabled,  That  if  any  felon  do 
rob  or  take  away  any  money,  goods  or  chattels  from  any 
perfon,  and  the  faid  felon  be  thereof  indicted  and  found 
guilty,  or  otherwife  attainted  by  reafon  of  evidence 
given  by  the  owner  of  the  faid  money,  goods  or  chattels 
fo  robbed  or  taken  away,  or  by  any  other  by  his  pro- 
curement, then  fuch  owner  fliall  be  rcftored  to  his  mo- 
ney, goods  or  chattels,  and  the  court  before  whom  the 
felon  fhall  be  fo  convidted  may  award  writs  of  reftitu- 
tion  for  the  faid  money,  goods  or  chattels. 

XIV.  And  be  it  further  enacted.  That  every  perfon 
who  fhall  be  lawfully  committed  to  the  common  gaol  in 
any  city  or  county  of  this  ftate,  for  any  crime  or  mif- 
demeanor,  having  means  thereto,  fliall  bear  his  or  her 
own  reafonable  charges  for  conveying  him  or  her  to  the 
faid  gaol,  and  the  charges  alfo  of  fuch  as  fhall  be  ap- 
pointed to  guard  him  or  her  to  the  faid  gaol,  and  fliall 
guard  him  or  her  thither.  And  if  any  fuch  perfon  fo  to  be 
committed  as  aforefaid  fhall  rcfufe  at  the  time  of  his  or 
her  commitment,  and  fending  to  the  faid  gaol  to  defray 
the  faid  charges,  or  fhall  not  then  pay  or_  bear  the  fiimc, 
then  any  juftice  of  the  peace  of  the  county  fliall  by  writ- 
ing under  his  hand  and  feal,  after  conviction  of  the  per- 
fon fo  committed,  give  warrant  to  any  conflablc  of  the 
town  where  fuch  perfon  fo  committed  fliall  inhabit,  or 
where  he  fhall  have  any  goods  within  the  fame  city  or 
county,  to  levy  hy  diftrefs  .and  fale  of  ■  the  goods  and 
cliattcls  of  the  f;iid  perfon  fo  to  be  committed,  fo  much 
money  as  by  the  difcrction  cf  the  faid  jufticc  ihall  pay 


(   95  ) 


the  charges  of  his  or  her  conveying  and  fending  to  gaol ; 
and  when  any  perfon  not  havmg  goods  or  money  within 
the  city  or  county  where  he  or  flie  fhall  be  taken,  fuffi- 
cient  to  bear  the  charges  of  himfelf  or  herfelf  and  of 
thofe  who  convey  him  or  her,  is  lawfully  committed  to 
gaol,  then  on  application  by  any  conftable  or  other  offi- 
cer who  conveyed  him  or  her  to  gaol  as  aforefaid,  to  any 
juftice  of  the  peace  for  the  fame  city  or  county,  the  juC- 
tice  fliall  upon  oath  examine  into  and  afcertain  the  rea- 
fonable  allowances  to  be  made  to  fuch  conftable  or  other 
officer  both  for  his  expences  and  trouble,  the  faid  allow- 
ances for  trouble  not  to  exceed  fix  cents  for  each  mile 
that  he  fhall  travel  to  convey  the  faid  offender  to  gaol  as 
aforefaid  ;  and  the  faid  juftice  fliall  forthwith  without 
fee  or  reward,  by  warrant  under  his  hand  and  feal,  order 
the  treafurer  of  the  city  or  county  to  pay  the  fame, 
which  the  faid  treafurer  is  hereby  required  to  do  as  foon 
as  he  receives  fuch  warrant  and  fliall  have  monies  in 
his  hands. 

XV.  j4nd  be  it  further  enaEled^  That  it  fhall  be  in  the 
power  of  the  court  before  whom  any  perfon  fhall  have 
been  tried  and  convifted  of  any  larceny  or  other  felony, 
at  the  pr?ver  of  the  profecutor  and  on  confideration  of 
his  circumftances,  in  open  court  to  order  the  treafurer 
of  the  city  or  county  in  which  the  offence  fliall  have  been 
committed,  to  pay  unto  fuch  profecutor  fuch  fum  of 
money  as  to  the  fame  court  fhall  feem  reafonable,  not 
exceeding  the  expences  which  it  fliall  appear  to  the 
court  the  profecutor  was  put  unto  in  carrying  on  fuch 
profecution,  and  making  him  a  reafonable  allowance  for 
his  time  and  trouble  therein.  And  that  when  any  poor 
perfon  fliall  appear  on  recognizance  in  any  court  to  give 
evidence  againft  another  accufed  of  any  larceny  or  other 
felony,  it  fliall  be  in  the  power  of  the  court  at  the  prayer 
and  on  the  oath 'of  fuch  perfon,  and  on  confideration 
of  his. circumftances,  in  open  court  to  order  the  treafurer 
of  the  city  or  tounty  in  which  the  offence  fhall  have  been 
committed,  to  •  pay  fuch  fum  of  money  as  to  the  faid 
court  fhall  feem  reafonable,  for  his  time,  trouble  and 
cxpencc  ;  which  order  in  either  cafe  the  clerk  of  fuch 


(   96  ) 


court  is  hereby  direfted  forthwith  to  make  out  and  deli- 
ver to  fuch  profecutor,  upon  being  paid  for  the  fame 
the  fum  of  twelve  and  an  half  cents  and  no  more,  and 
to  fuch  poor  witnefs  without  fee  or  reward  ;  and  the 
treafurer  of  fuch  city  or  county  is  hereby  required  upoa 
fight  of  any  fuch  order,  or  as  foon  after  as  he  fhall  have 
monies  fufficient  in  his  hands,  forthwith  to  pay  to  fuch. 
profecutor  or  witnefs,  or  other  perfon  authorifed  to  re- 
ceive the  fame,  fuch  fum  of  money  fo  ordered  to  be  paid 
as  aforefaid. 

XVI.  And  be  it  further  enacledy  That  the  treafurer  of 
each  city  and  county  fhall  be  allowed  in  his  accounts  all 
fuch  funis  as  he  fhall  pay  upon  any  fuch  order  as  afore- 
faid, which  fums  fhall  be  confidered  as  part  of  the  con- 
tingent charges  of  fuch  city  or  county.  And  that  the 
feveral  treafurers  may  be  enabled  to  comply  with  fuch 
orders,  the  fupervifors  of  the  feveral  counties  are  hereby 
required  to  caufe  a  fum  fufiicient  for  the  purpofes  afore- 
faid, to  be  raifed,  levied  and  colledled  in  their  refpec-. 
tive  counties  yearly,  in  the  fame  manner  as  the  contin- 
gent charges  of  the  fame  counties  are  to  be  raifed,  levied 
and  collefted. 

XVII.  And  he  it  further  enaEled,  That  wh'en  any  per-, 
fon  fhall  be  convifted  of  and  fined  for  any  crime  or  mif-^ 
demeanor,  the  court  may  in  their  difcretion  allow  fuch 
cxpences  to  witnefTes  and  profecutors  out  of  the  fame 
fine,  as  fuch  court  fhall  judge  reafonable,  not  exceeding 
the  fum  of  twenty-five  dollars  ;  and  fhall  caufe  an  entry 
thereof  to  be  made  in  the  minutes  of  the  court,  and  the 
clerk  in  the  eftreat  thereof  fhall  mention  the  fame,  iu 
order  that  the  court  of  exchequer  may  know  how  much 
of  the  faid  fine  is  to  be  anfwered  to  the  people  of  this 
ftate  ;  and  when  fuch  fine  is  paid  to  the  flieriff  or  other 
officer  he  fhall  pay  fuch  expences  fo  allowed  out  of  the 
fame. 

XVIII.  Atid  he  it  further  enacted.  That  in  all  cafes 
where  a  perfon  fhall  on  the  complaint  of  another  be 
bound  by  recognizance  to  appear,  or  fliall  for  w^ant  of 
f'lrety  be  committed,  or  fhall  be  indicted  for  an  alTaulfr 
and  battery  or  other  mifdemeanor,  the  injury  and  dam-. 


(    97  ) 


age  of  the  party  complaining  and  not  charged  to  havft 
been  done  riotoufly,  or  with  intent  to  commit  a  felony, 
or  not  being  an  infamous  crime,  and  for  which  there 
lhall  alfo  be  a  remedy  by  civil  action,  if  the  party  com- 
plaining fhall  appear  before  the  magiftrate,  who  may  have 
taken  the  recognizance  or  made  the  commitment,  or  be- 
fore the  court  in  which  the  indi<Stment  fhall  be,  and 
acknowledge  to  have  received  fatisfadtion  for  fuch  in- 
jury and  damage,  it  fhall  be  lawful  for  the  magiftrate  in 
his  difcretion  to  difcharge  the  recognizance,  or  fuper- 
fcde  the  commitment,  and  alfo  to  difcharge  the  recogni- 
sance which  may  have  been  taken  for  the  appearance 
of  witnefles  in  fuch  cafe,  or  for  the  court  alfo  in  their 
difcretion  to  order  a  noli  profequi  to  be  entered  on  the 
indictment  as  the  cafe  may  require,  upon  payment  of 
cofts  :  Provided  al-ways.  That  this  aft  fhall  not  extend 
to  any  aflault  and  battery  or  other  mifdemeanor  commit- 
ted by  or  on  any  officer  or  minifter  of  juftice. 

XIX.  And  be  it  further  enaHedy  That  in  all  cafes  of 
felony  heretofore  committed  or  which  may  hereafter  be 
committed,  it  fhall  and  may  be  lawful  for  any  perfon 
or  perfons  injured  or  aggrieved  by  fuch  felony,  to  have 
and  maintain  his,  her  or  their  aftion  againft  the  perfon 
or  perfons  guilty  of  fuch  felony,  in  like  manner  as  if 
the  offence  committed  had  not  been  felonious  ;  and  in 
no  cafe  whatever  fhall  the  right  of  action  of  the  party  in- 
jured be  deemed,  taken  or  adjudged  to  be  merged  in  the 
felony  or  in  any  manner  affefted  thereby. 

XX.  And  be  it  further  enaBed,  That  all  appeals  of  felo- 
ny fhall  be  and  hereby  are  abolifhed. 


